Legal Studies - rubric Law and order
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Law and order
Abaturov A.I. - Administrative Oversight Over Released Prisoners in Legislation of Some CIS Countries and Russia pp. 1-24
Abstract: The article is devoted to the topical issues of minimization of criminal recidivism by means of the institution of administrative oversight over released prisoners. The author conducts a comparative analysis of legal provisions and laws regulating post-penitentiary control in Russia and CIS countries such as Byelorussia, Uzbekistan, Ukraine and  Kazakstan. The author discusses different points of view on this matter and shares his own opinion. 
Abaturov A.I. - On the issue of definition and legal base for the establishing post-penitentiary control. pp. 1-13

DOI:
10.7256/2305-9699.2013.9.9455

Abstract: The author provides detailed analysis of the existing scientific theories regarding the nature of administrative supervision over the persons freed from imprisonment.  The author discusses the objects of post-penitentiary control, facultative and necessary conditions for its establishment.  Much attention is paid to the grounds for establishing post-penitentiary control, which the author offers to understand as a combination of legal characteristics provided by law, presence of which allows to apply to a person the norms of Federal Law "On Administrative Supervision over the Persons Freed from Places of Imprisonment". Studying the legal mechanism for establishing administrative supervision over the person freed from imprisonment, the author states that the meaning and goals of post-penitentiary supervision as an administrative prevention measure is to provide supervision over the persons, in order to control their compliance with the administrative limitations and obligations, exclusion of them from commission of new crimes. Based upon the study the author formulates a definition of the administrative supervision over persons freed from imprisonment.  
Buyukli V.I. - Subject dimension of the function of protection of rights. pp. 1-18

DOI:
10.7256/2305-9699.2014.1.10157

Abstract: The goal of this article is to analyze the phenomenon of protection of rights within the context of possible and obliged subjects of its implementation. The author establishes the possibilities for public, commercial, and power-based protection of right, singles out regional and municipal mechanisms within the latter. At the same time, the author studies relevant doctrinal concepts, characterizing the degree of acceptability of the leading theory of law-enforcement activities in the post-Soviet territory. The author makes a conclusion that the subjective element of protection of rights has unseparable link with the public government. The state societies have the state performing this function, and it may delegate the relevant competence to its bodies, officials, the superstate, regional or municipal structure, civil society, commercial structures, while retaining the right to control and regulate the relevant mechanisms through the system of normative, cadre, material and financial measures of influence. It is states that protection of rights becomes a public service, which the government provides for the society within the framework of the social contract, and the level of state elements in the practical implementation of protection of rights is due to the general civilization level of the society, and the degree of apprehension and appreciation by the society of requirements of the positive law system, as protected by the government. The key issue of practical implementation of protection of rights is de facto activities of  competent officials, based on their motivation and the level of meeting hte demand to the service of protection of rights in the society.
Kabanov P.A. - Criminal Victimity of Disabled People: Statistical Data for 2014 – 2015 pp. 1-11

DOI:
10.7256/2409-7136.2016.6.19421

Abstract: The research subject is criminal victimity of disabled people. The purpose of the research is to detect the structure of criminal victimity of disabled people based on the official statistical data of the Ministry of Internal Affairs of the Russian Federation for 2014 – 2015. The tasks of the research are: a) to define the scope of disabled people among the victims of criminal offences; b) to define the types and groups of crimes which more often involve disabled people as victims. The research methodology is based on dialectics and the related methods of scientific cognition: analysis, synthesis, comparison. The scientific novelty of the study consists in the fact that so far the Russian criminological science hasn’t carried out a study of disabled people as the victims of criminal offences on the base of the official statistics so. For the first time in the criminological science the author defines the main types and groups of crimes in which disabled people become the victims. 
Vyrva P. - On the necessity to introduce criminal responsibility for a corruption-related collusion of parties to criminal proceedings pp. 1-8

DOI:
10.7256/2409-7136.2016.11.2072

Abstract: The paper substantiates the necessity to introduce criminal responsibility for a corruption-related collusion of parties to criminal proceedings. The research object is social relations in the sphere of criminal policy formation, struggle against corruption-related crimes, criminalization of trading in procedural influence. The research subject is the set of current anti-corruption provisions of Russian legislation. The author considers the problem of a possible corruption-related collusion of the parties to criminal or civil proceedings, aimed at a purposeful loosing of a case. Special attention is given to the social danger of such a deed and the lack of legal consequences in the current legislation. The research methodology is based on general scientific and special research methods: dialectical, epistemological, formal-legal, formal-logical, system-structure and linguistic methods. The scientific novelty of the study consists in the improvement of the legal framework of struggle against corruption. The author concludes that, in order to prevent a corruption-related collusion of parties, it is necessary to criminalize such actions as a bribery of a party to the proceedings (representatives of the plaintiff, the defendant, the aggrieved, the civil plaintiff, the private prosecutor, the lawyer), a premeditated failure to give evidence and a purposeful loosing of a case. 
Trush V.M., Gomonov N.D. - Existential of corporeality as a basis for the level of criminal contamination of a criminal personality pp. 1-25

DOI:
10.25136/2409-7136.2017.6.22975

Abstract: The authors suggest using the existential of corporeality – a philosophical and methodological ground, which is significantly important for the process of prognostication. This concept can be used for studying of a criminal personality, particularly, the level of his or her criminal contamination. The research object is the existential of corporeality as a source of a uniqueness of a personality. The research subject is the persons adjudicated for criminal actions – crimes against person, property, sexual freedom and sexual immunity, illegal production, purchasing, possession, transportation, passing or marketing of narcotic or psychotropic substances. The authors study the criminological phenomenon of a “criminal personality” from the position of the personality theory – G. Ammon’s humanstructurology. The research methodology is based on the laws and categories of materialist dialectic and the historical approach to the interpretation of social and legal phenomena. The research methods include the comparative analysis of averaged statistical coefficients describing the state of the humanstructure of personal peculiarities of criminals and law-abiding citizens. The scientific novelty of the study consists in the fact that the level of criminal contamination is defined not through the subjectivity of a personal belief, but on the basis of calculated indexes characterizing personal peculiarities of an individual. The authors substantiate the thesis about a system sustainable character of the existential of corporeality in the humanstructurology of personal peculiarities of adjudicated persons. 
Trush V.M., Gomonov N.D. - Crime Infestation of Criminal Personality from the Point of View of L. Szondi's Fate Analysis pp. 1-30

DOI:
10.25136/2409-7136.2018.1.25092

Abstract: In this article the authors study the phenomenon of crime infestation of criminal personality depending on the severity of a committed crime. The research is based on the theory of personality and fate analysis offered by L. Szondi. Respondents include people who have been convicted of crime against person, property, sexual freedom and sexual integrity, as well as for illegal production, purchase, storate, transfer or sale of narcotic or psychotropic substances. The subject of the research is the structure of personal needs and motives, qualitative and quantitative description thereof depending on a group a respondent attributes to. The research method includes comparative analysis of needs and motives based on quantitative indicators (the level of needs structure tensity, evaluation of changes in 'mean motives' (Ð and Sch vectors), qualitative indicators (comparative evaluation of vector space histograms, interpretation of the leading needs and motives, comparative evaluation of horizontally fused one-direction tendencies of vector pictures), and analysis of data collected by usign the 'semantic key' method and relative parameters (vector space tendencies in needs and motives) of personality traits of criminals in aforesaid groups. The novelty of the research is caused by the fact that based on the foundation of personality (physical existential) one's personal criminogenic level (crime infestation) is defined based on particular parameters that describe personality traits of individuals depending on their attribution to a particular criminal group. Consequently, the thesis about systemic sustainable nature of the phenomenon of crime infestation based on the physical existential in humanistic structure of criminals' personality traits can be also used to analyze their needs and motives according to L. Szondi test. 
Shamsutdinov M.M. - Suspension of the Highest Official of a Russian Federation Constituent (Head of a Supreme Government Authority of a Russian Federation Constituent) pp. 1-7

DOI:
10.25136/2409-7136.2018.6.26480

Abstract: The article is devoted to particular features of the legal regulation and practical implementation of such a specific measure of criminal procedure compulsion as suspension of the highest official of a Russian Federation constituent. The object of this research is the criminal procedure relations that relate to implementation of a special measure of procedure compulsion, i.e. suspension of the highest official. The subject of the research is the criminal procedure laws that regulate the decision making process regarding suspension of the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent), constitutional regulations that set forth the procedure of suspension of the highest authority of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent) as a result of the loss of trust in him or her as well as individual researches on the matter. In the course of the research the author has used general and special research methods including dialectical method, analysis, synthesis, structured system approach, formal law method and modelling method. The novelty of the research is caused by the fact that the author analyzes a topical issue of applying suspension as a measure of compulsion in relation to the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent). As a result of the research, the author describes certain drawbacks in the legal regulation of the aforesaid measure of criminal procedure compulsion as well as offers alternative solutions. 
Voronin V.N. - Criminal Responsibility for Fake Drug Packaging pp. 1-13

DOI:
10.25136/2409-7136.2018.11.27947

Abstract: The subject of the research is the criminal laws and regulations of the Russian Federation aimed at protection of social relations and pharmacy safety of the population. To carry otu an in-depth criminal law analysis, the author has chosen to analyze actus reus described by Article 327.2 of the Criminal Code of the Russian Federation (hereinafter, CC or CC of the RF) that is a new law resulting from the adoption of the Federal Law of December 31, 2014 No. 532 'On Amending Certain Acts of the Russian Federation on Prevention of the Turnover of Fake, Pirate, Poor-Quality and Unrecorded Medical Products, Devices and Fake Biologically Active Additives'. The methodological basis of the research involves the following methodological principles: objectivity, interdisciplinarity, historicism, holism, consistency, structuredness, functionality, hierarchy, pluralism in law interpretation, and comparativism principles. The research also involves the following special methods: legal analytics, legislative techniques, legal comparative studies, and methods of legal modelling and forecasting. The novelty of the research is caused by the fact that this is the first in-depth criminal law analysis of the aforesaid actus reus. The author concludes that the legislator chose the wrong crime object which is the social relations that ensure the health and pharmacy safety of the population as a kind of social safety. The research has been sponsored by the President's Grant and the Ministry of Education and Science based on the Agreement 3608.2017.6. 
Malikov S.V. - Legal and Actual Ending of Crime pp. 1-7

DOI:
10.25136/2409-7136.2019.8.30573

Abstract: The matter under research is debating issues arising in the process of constructing corpus delicti depending on the moment of ending of crime. Malikov suggests to apply the approach that distinguishes between legal and actual ending of crime, especially when it comes to continuing or lasting crimes. Malikov analyzes the opportunity of creating legal rules that would establish different endings of crime such as administrative punishment or administrative prejudgement, record of convictions for similar crimes, sytematicity and duplicity of crime that is not covered by the administrative prejudgement concept. The overall methodological base of the research involves dialectical and historical categories. In addition, the author also uses methods of special sciences such as system-structural, formal-logical methods, deduction and induction, analysis and synthesis and direct observation. The scientific novelty of the research is caused by the author's complex evaluation of whether it is practically possible to distinguish between actual and legal endings of crimes that have a long duration as well as to fix such difference at the legislative level. The main practical use thereof would be accurate calculation of limitation period. For this purpose, the author offers a new version of Article 29 of the Criminal Code of the Russian Federation. 
Trubin E.M., Golubev S.I. - Points at Issue With the Definition of Forgery (the Case Study of Article 326 of the Criminal Code of the Russian Federation) pp. 1-17

DOI:
10.25136/2409-7136.2019.10.31191

Abstract: The object of the research is the definition of forgery as it is used by the legislation, in particular, in Article 326 of the Criminal Code of the Russian Federation. The authors see the following problems: no legal definition, no single point of view in the doctrine of criminal law and incoordinations with other terms used in law. The wording 'forgery or counterfeiting state registration sign' used in Article 326 of the Criminal Code of the Russian Federation makes the situation even more complicated. Thus, the subject of this research is different doctrinal interpretations of the term 'forgery' and judicial practice. The methodological framework of the research covers such methods as analysis and synthesis, comparative law analysis, system-structured and formal law approaches, theoretical prognistic method and interpretation of legal provisions. The novelty of the research is caused by the fact that the author offer their own definition of the term 'forgery' and concludes that forgery and forgery documents/items are compatible and intersecting terms. The authors also conclude what criteria of truth and authenticity can be used to describe items/documents as forgery-counterfeiting, forgery but not counterfeiting and counterfeiting but not forgery. They also make recommendations on what amendments should be made in the applicable law. 
Vinner E.R. - Criminal liability for unlawful operations with securities pp. 1-10

DOI:
10.25136/2409-7136.2020.4.32658

Abstract: The subject of this research is differentiation by key aspects of criminal liability for unlawful operations with securities established by the Criminal Code of the Russian Federation. Conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities are highlighted. Research is conducted on the problematic of the applicability of proposed differentiation for improvements of doctrinal and normative legal approaches towards regulation of criminal liability for unlawful operations with securities. Based on the conducted differentiation, proposals are made for promising vectors of improvements to the provisions criminalizing unlawful operations with securities. The scientific novelty of this research consists in the following: based on the study carried out within the framework of conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities, the author determines the problems pertaining to incompliance of administrative legal and criminal legal regulation of liability for unlawful operations with securities due to textual ambiguity of the norm of criminal law, based on which the recommendation is made to amend Part 1 of the Article 185.1 of the Criminal Code of the Russian Federation.
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.
Sarygina E.S. - Peculiarities of the tactics of commissioning forensic tax audit pp. 1-12

DOI:
10.25136/2409-7136.2020.7.33595

Abstract: The subject of this article is the scientific and organizational-methodical patterns of forensic audit in conducting research on the objects of accounting processes of an economic entity, which describe records on the due and listed tax obligations seized by the Federal Tax Service to the government and (or) municipal formations. Special attention is given to the tactics of assigning such research in the criminal proceedings. In the course of this study, the author applied the comparative-analytical and system-structural methods of scientific cognition, as well as interdisciplinary approaches, since the study required knowledge of procedural and substantive law, forensic science, theory of forensic audit, economics and normative legal regulation regulation of the accounting processes of economic entities, which determined comprehensive character of this research. The author attempted to examine the forensic tax audit as an independent type of economic audit, which includes subject, object, goals and scientific-methodical recommendations for law enforcement agencies in commissioning such audits. The article describes the fundamental principles of private theory of forensic tax audit, which did not receive due attention within the scientific literature. The proposed recommendations are aimed at unification of investigative and judicial practices on commissioning and assessment of application of the results of forensic tax audit.  A comprehensive perspective upon the forensic tax audit and its current status is essential for its implementation by investigators, courts or investigating officers in criminal proceedings. The result of this work lies in formulation of recommendations for law enforcement agencies on the peculiarities of tactics used in commissioning forensic tax audit to state and non-state forensic audit institutions relating to peculiarities of preparing the objects of investigation, specificity of questions submitted to resolution by a forensic expert. A list of questions for forensic tax audit is presented.
Berchanskiy K.A. - Criminal law characteristics of medical sorting (triage): COVID-19 and shortage of resources pp. 1-13

DOI:
10.25136/2409-7136.2020.9.34067

Abstract: The subject of this research is the legal norms that regulate the procedure of determining priority of patients (triage) in the Russian Federation, as well as the grounds for bringing to criminal responsibility of the representatives of medical profession for causing death during this process. The object of this research is the social relations arising in terms of prioritizing  treatment  of patients under the circumstances of severe shortage of medical resources, namely in case of mass infection. Analysis is conducted on the established by Chapter 8 of the Criminal Code of the Russian Federation conditions that exclude criminal nature of the act. The conclusion is made that on their inapplicability in similar circumstances. The author examines the nature of the process of medical sorting  – allocation of patients according to certain characteristics and order of their treatment, regulatory norms, as well as analyzes  the trends in the context of COVID-19 pandemic. Due to the fact that the Russian criminal law science does not feature special research dedicated to triage, the article provides a brief overview of the works of foreign legal scholars along with similar positions of national scholars, as well as determines the circumstances that affect the criminal nature of patient's death that takes place in the conditions of severe shortage of resources. The novelty lies in the cross-sectional study of the norms of Russian criminal law and the corresponding norms of medical law, based on which the author develops solution to the problem that did not previously receive due coverage in the Russian science. The author answers the question regarding criminal responsibility for the death of one of the two patients when it is not feasible to provide simultaneous medical treatment to both. It also The article also describes potential amendments to the sectoral medical legislation for the purpose of consolidation of legal status of medical professionals, protect their rights from unsubstantiated criminal prosecution,  protect rights of the patients, and maintain ethical well-being of medical profession.
Kulikov E.A. - Categories of general, special and singular in criminal law: semantic analysis pp. 1-17

DOI:
10.25136/2409-7136.2020.12.34761

Abstract: The subject of the study is the regularities of the interaction of the categories of subjective dialectics with the fundamental concepts of Russian criminal law. The criminal law is based on linguistic structures, in connection with which the article is devoted to the linguistic aspects of the categories of general, special and singular. Some attention is paid to analytical philosophy and analytical jurisprudence. The linguistic turn in epistemology and epistemology of the mid-20th century drew attention to the linguistic side of various texts, justified the need to study this side, since language and communication form the basis of human interaction, determine the content and development of social relations. In the future, a significant part of the research, including on criminal law topics, is devoted to the language of the law and legislative language systematics. The lexical meaning of the words "general", "singular", "separate", "separate", "separate", "special", "generalize" is considered, their content from the point of view of etymology, word formation, synonymy is revealed. Some attention is paid to the meaning of the sought terms in the social sphere. The question of the categories of dialectics in criminal law is raised extremely rarely, the categories of general, special and singular mentioned in the article have not been practically studied. From a linguistic point of view, these categories can not always be distinguished from each other, they often overlap in content, and in order to determine their legal aspects, i.e. manifestations in the field of jurisprudence, one semantic characteristic is not enough, it can only be considered as a stage of research. Semantic aspects of categories set guidelines for clarifying their philosophical and special scientific content, explain the options for possible word usage, outline its boundaries.With the help of language characteristics, the research range is set, i.e., to distinguish from related concepts and terms already at the initial stage of research. In the process of interpreting the criminal law, the lexical method acts as the leading one and, along with the systemic one, allows you to understand the meaning of legal prescriptions as accurately as possible.
Belyaev I.Y., Belyaev Y.V. - Big Data' and Data Mining' Role in Fight Against Drug Trafficking pp. 1-13

DOI:
10.25136/2409-7136.2022.7.37872

EDN: SBAHNK

Abstract: The subject of the research is the ways of using modern Big Data and Data Mining methodologies to improve the process of lawmaking and law enforcement practice in the field of illicit trafficking of new psychoactive substances. Based on the experience of European countries and international experience in general, the author proves the need to create a methodology for early detection of the spread of new psychoactive substances that pose a significant threat to public health. This technique, according to the author, can be based on the use of methods of applied statistical analysis of the Google Trends database, which, in turn, can be used to combat drug crime in terms of detecting and predicting crimes. The practical significance of the conducted research lies in the development of a methodology for early detection of the spread of new psychoactive substances, which can be used to optimize the operational legislative response and improve law enforcement practice in the field of combating illicit drug trafficking. The scientific novelty of the conducted research consists in the creation of a predictive rule in the form of a linear regression equation that allows predicting the spread of such a new psychoactive substance as mephedrone in various regions of the Russian Federation, as well as planning operational investigative measures taking into account the identified risk zones. This study may be of interest to law enforcement officials, legal scholars, students and teachers of law schools.
Shamsutdinov M.M. - Experience in regulating the examination in the criminal process of Germany and Switzerland pp. 1-12

DOI:
10.25136/2409-7136.2022.5.37975

Abstract: The article aims to highlight the experience of individual foreign countries (Germany and Switzerland) in the legal regulation of such a specific institution of criminal procedure law as examination. The object of this study is criminal procedural legal relations arising during the production of a visual examination of a living person's body in order to obtain information relevant to a criminal case. The subject of the study is the norms of the criminal procedure legislation of Russia, Germany and Switzerland, regulating the grounds and procedure for the production of this investigative action, as well as the works of individual scientists devoted to the investigative action under study. The main method of cognition in the course of the study was the comparative legal method, methods of analysis, synthesis, system-structural method and modeling method were also used. The novelty of the study was that the author critically examined the norms of the criminal procedure legislation of certain foreign states from the Romano-German legal family on examination, both in comparison with each other and with a similar institution of the Russian criminal process. As a result of comparing the norms of the legislation of Germany and Switzerland, the peculiarities of the legal nature and legislative regulation of the institute of examination in these states were revealed. The result of the research was the original author's proposals and recommendations on using the experience of certain norms of foreign legislation to make appropriate changes to domestic criminal procedure legislation.
Danilovskaia A. - Criminal law policy in the field of fair competition protection and competition policy: correlation and problems of interdependence pp. 1-17

DOI:
10.25136/2409-7136.2023.9.43993

EDN: VMQZQA

Abstract: The subject of the study is the criminal law policy in the field of fair competition protection and competition policy, certain aspects of their correlation and problems of implementation, including the state of legislation and law enforcement. The purpose of the work is to identify the problems of interdependence of regulatory, protective, including repressive directions of state policy in the field of competition protection and to identify ways to solve them. The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, historical and legal methods, statistical methods, questionnaires, legal forecasting. The work resulted in conclusions on the interdependence of competition and criminal law policy in the field of competition protection, proposals for improving the diversified mechanism for countering encroachments on fair competition. Scope of application of the results: legislative, scientific, educational activities. The novelty of the study is: 1) in the features of the conducted analysis of the statistics of anticompetitive violations, which is based on the author's study of sentences imposed in relation to crimes whose compositions have signs of violations of antimonopoly legislation; 2) in establishing the preventive and suppressive significance of the Federal Law "On Protection of Competition" in relation to anticompetitive crime, as an element of competition policy relevant to criminal law 3) in proposals to strengthen the preventive significance of a special law, improve the norms of criminal legislation, as well as the mechanism of interaction between antimonopoly and law enforcement agencies. The conclusions are that the criminal law policy in the field of competition protection depends on the directions of competition policy. The solution of the problems of interdependence should be aimed at strengthening the preventive meaning of a special law, clarifying the terms used to determine the grounds of criminal liability, criteria for differentiation of responsibility, as well as at eliminating gaps in the necessary criminal law repression, normative consolidation of the interaction of antimonopoly and law enforcement agencies.
Ivanova L.V. - The subject of illegal psychiatric committal: disputable issues pp. 7-13

DOI:
10.7256/2409-7136.2016.7.19595

Abstract: The article studies the provisions of the criminal law theory about illegal psychiatric committal, the provisions of criminal legislation imposing liability for it, and the particular provisions of the law regulating the reasons and the procedure of psychiatric treatment in the Russian Federation. Special attention is paid to establishing the persons, participating in the process of hospitalization of a person and criminally liable according to the article 128 of the Criminal Code of the Russian Federation. The study is based on the system approach; the author applies the logical, normative-dogmatic and comparative-legal methods of cognition. Using the analysis of various scholars’ views on the nature of the subject of the crime under consideration and the system interpretation of the provisions of specific legislation in the sphere of psychiatric treatment, the author substantiates the conclusion about the special subject of the crime stipulated by the part 1 of the article 128 of the Criminal Code of the Russian Federation. Therefore, it is unnecessary to mention malfeasance in the part 2 of the mentioned article. The scientific novelty of the study consists in the proposed variant of qualification of actions of the persons, who are not special subjects according to the article 128 of the Criminal Code, but participate in illegal psychiatric committal, for example, the representative of the tutorship and guardianship authority, who doesn’t decide on hospitalization. These persons should be liable as accessories depending on their role in the crime. In the case when a parent or a legal representative asks for illegal psychiatric committal of a person, but the psychiatrist doesn’t decide on hospitalization, the actions of these persons won’t be criminally liable in the case of the absence of the elements of another crime. The conclusions and proposals of the study are interesting for theorists and practitioners. 
Spirin A.V. - On the necessity to vest a prosecutor with a right to open a criminal case pp. 9-16

DOI:
10.7256/2409-7136.2016.8.18239

Abstract: The research subject is the set of legal norms (criminal procedural norms and the Federal Law “On the public prosecution office of the Russian Federation”) regulating the activities of the prosecutor in criminal prosecution and supervision over the procedural activities of pre-trial investigation agencies (agencies of inquiry and preliminary investigation) on the stage of a criminal case opening, and the practice of their use. The author also analyzes theoretical insights of scholars, studying the prosecutor’s supervision theory, concepts and ideas about the issues in question. The author applies general scientific and special research methods. The author analyzes the ideas of theorists and practitioners about the problem in question, using the officially published data about the crime rates and supervisory activity of prosecutors. The prosecutor’s authorities are considered in their historical development as a whole system of interrelated rights and responsibilities, ensuring the protection of public interests in criminal proceedings and guaranteeing citizens’ rights. The article proves that the prosecutor’s authorities to supervise over the procedural activities of agencies of pre-trial investigation on the stage of a criminal case opening are not effective, because the prosecutor, using these authorities, doesn’t have a real capacity to eliminate the revealed violations of the law. The author’s suggestion to change the provisions of the criminal procedural code will allow the prosecutor to not only raise the question of violations elimination, but eliminate them personally, opening a criminal case and timely and effectively protecting the rights of complainants. 
Popov A.A. - Prosecutor’s supervision over the observance of a reasonable period of time by investigative agencies during the pretrial stages of criminal proceedings pp. 9-17

DOI:
10.7256/2409-7136.2016.11.2106

Abstract: The article is devoted to the issues of observance of a reasonable period of time by investigative agencies during the pretrial stages of criminal proceedings. The author considers the procedural capacities of a prosecutor in this area of supervision, and the organization of the prosecutor’s supervision over the observance of the requirements for a reasonable duration of criminal proceedings. The research subject is international legal acts, the provisions of the Criminal Procedure Code of the Russian Federation, judicial practice and the scientific literature on this topic. The study is based on the hermeneutical methodology. The author applies general scientific methods (analysis, induction) and special scientific methods (formal-logical). The author comes to the conclusion that the realization of pretrial proceedings in a reasonable period of time doesn’t depend on the person, controlling investigators, but is predetermined by a correct organization of investigation which includes a proper performance of duties by both the pretrial investigator and the head of the investigating agency, responsible for the procedural administering of the investigation. Prosecutors should strengthen the supervision over the observance of the law on organization of procedural control by the heads of investigating agencies and display perseverance at and adherence to principles in the imposition of responsibility on the mentioned officials for an improper control over the work of their subordinate investigators. This, among other things, will improve the observance of a reasonable duration of pretrial proceedings. 
Komarov A.A. - On the real territorial principle of criminal law application regarding Internet crimes pp. 10-20

DOI:
10.7256/2409-7136.2017.3.19170

Abstract: The research subject is the set of theoretical ideas about the limits of the territorial principle of criminal law application. The author analyzes the main premises of this principle in relation to the past and the present time. One of the key tasks of the study is the attempt to analyze the prospects of its application for defining the limits of the national jurisdiction of the Russian Federation over the extraterritorial infrastructure of the Internet and cybercrimes. The author applies the range of general scientific methods to carry out the comparative-historical study of the legal essence of the key premises of the principle in the Russian and foreign legislation. The author formulates the set of conclusions about the prospects of application of the real territorial principle of criminal law in the Internet. The scientific novelty consists in the proposals about the theoretical possibility to specify the objects of criminal legal protection for the information society and in the conclusions about the necessity to reinterpret sanctions imposed for cybercrimes. The study demonstrates that the application of the considered principle is limited within the information space. It can be more effective if realized together with the personal principle of criminal law.  
Lopatin D.A. - On the Question about Ending of Theft of Oil From an Oil Pipeline pp. 10-16

DOI:
10.25136/2409-7136.2019.9.29593

Abstract: The matter under research is the criminal responsibility and classification of crime resulting from illegal tie-in with oil or oil products pipelines. The main issue covered by the author is the provisions of criminal law that relate these actions to complete or incomplete delicti. Lopatin focuses on the results of investigatory and judicial classification of thefts under different circumstances of criminal activity commitment including when an individual does not manage to accomplish his or her intent. The methodological procedures include general and special research methods such as analysis, induction, deduction, comparison, formal law and formal logic methods. Based on the analysis of applicable legislation, judicial law enforcement practice, statistical data and points of view of other researchers, the author of the article examines what complicates the effect of criminal law provisions on volators and implementation of preventive measures. The results of the research demonstrate significant contradictions in provisions that regulate criminal responsibility measures for similar violations committed under identical circumstances. Lopatin also suggests solutions regarding how to classify these actions compared to others, formal delicti that are regulated by most recent legal acts. 
Khussein A. - Corruption crimes in public health and education according to the foreign law pp. 11-23

DOI:
10.7256/2409-7136.2016.4.18937

Abstract: The paper considers various aspects of struggle against corruption in the social sphere of foreign states. The author studies criminological aspects of struggle against corruption in the social sphere, highlights the peculiarities and reasons of a low level of corruption in the social sphere of West European and North American states. The author considers the use of such penal instruments as unjust enrichment and criminal liability of legal entities for struggle against corruption. The article studies the judicial practice cases. The author applies the standard set of research methods of legal science. The author studies the statutory framework and judicial practice. The author notes that as opposed to the situation in Russia, where the main corruption-related problem in the social sphere is the so-called petty corruption, the main corruption-related problem in the social sphere of foreign states is the problem of the upper-level corruption, corruption on the inter-institutional level in contrast to the interpersonal one. The author identifies the most widespread corruption practices in the social sphere of foreign states. 
Semerikova A.A. - Typology of sexually violent offenders pp. 11-19

DOI:
10.25136/2409-7136.2017.10.20293

Abstract: The research object is the personality of a sexually violent offender. The author considers it as a bearer of reasons of the committed socially-dangerous sexually violent act. The research subject is the key typologies of contemporary studies, which formulate a unified definition of a sexually violent offender. Based on these studies, the author outlines definite psychological and social peculiarities of each of the types, the determinants causing criminal behavior, and the set of needs and motives, which are the key prerequisites of sexual violence. The empirical basis of the article if the psychological and psychiatric study of 132 persons, who have committed sexually violent crimes. The author detects four main type of sexually violent offenders: regressive (characterized by the split of personality caused by psychological disorders); situational (those committing crimes under “favorable” circumstances); asserting themselves (those using sexual violence for boosting self-esteem); compensatory (those committing sexual crime against a person identical to a person sexual contact is impossible with). The acquired results help design a more effective system of sexual offences prevention, with regard to the peculiarities of each of the types of sexual offenders. 
Shchedrin N. - On corruption, corruptionists and corruption profit. pp. 12-27

DOI:
10.7256/2305-9699.2014.3.10983

Abstract: One of the causes of inefficient fighting against corruption in Russia is ambigous understanding of this legal matter by the lawmakers, law-enforcers and the population.  The interpretation of corruption as provided by the Federal Law "On Fighting Corruption" is narrowed in accordance with the spheres, manifestations and types of normative regulation. The danger of corruption in the private sphere is not yet recognized by the public conscience.  Nepotism, paternalism, favoritism, cronyism and other forms of use of public status in order to gain non-material profit are not regarded as corruption.  The acts of corruption nature, violating ethical and corporate, rather than legal norms, are artificially brought out of the scope of negative evaluation and reaction of the society.  In this article based upon the international documents and modern interpetations of the "public" element the author provides critical analysis of the definition of corruption as provided for in Art. 1 of the Federal Law "On Fighting Corruption". The author substantiates the need to amend the current wording of the said article and offers a new text with a "unfolded" definition of corruption, including the basic terms, such as "persons in possession of a public status", "profit", "interests of society and state", "corruption offence", "corruption crime".
Titov S.N. - The Object of the Crime and the Object of Criminal-Legal Protection in the Field of Intellectual Property pp. 12-25

DOI:
10.25136/2409-7136.2019.12.31836

Abstract: This article is devoted to the analysis of the object of the crime and the object of criminal-legal protection in the field of intellectual property. The author of the article sets a goal to define the relationship between these terms and their contents. Titov concludes that these terms are based on the same values but describe different functions. In relation to a criminal these values act as the object of the crime and in relation to the state they act as the object of criminal-legal protection. The author applies the methods of grammatical analysis, systemic-structural analysis and others. Certain provisions are enforced with cases from judicial practice. Titov concludes that out of all elements of social relations that arise in the process of protection of intellectual property, a criminal harms only a rightholder. The latter is seen as the object of the crime. A socially dangerous action is aimed at the following values possessed by a right holder: firstly, authorship is an intangible benefit that connects an individual and results of his or her intellectual activity; secondly, exclusive right is the right of a rightholder to use scientific, literary or artistic work including computer software and data base, trademarks, TV and radio broadcasting, schemes, models, microschemes, trade secrets, etc. The article has been written and published as part of the university program of Ulyanovsk State Pedagogical University. 
Bagavieva E.A. - Relevant questions of decisions agreement on receipt of information on connection between subscribers and/or devices pp. 12-20

DOI:
10.25136/2409-7136.2020.6.33186

Abstract: This article analyzes the procedural autonomy of an investigator and agreement of investigative work with the head of the investigative branch or prosecutor. The object of this research is the relations forming in the process of decisions agreement on receipt of information on connection between subscribers and/or devices. The author examines the questions of the role of the investigator, head of investigative branch and the prosecutor in this procedure. Analysis was conducted on the legislative and departmental normative legal act regulating the authority of the aforementioned officers, corresponding law enforcement practice, as well as literary sources dedicated to this issue. The research substantiates the conclusion that there is a need for ensuring procedural autonomy of the investigator, including through the means of voiding the need for agreement from the head of the investigative branch or prosecutor to forego filing for court warrant to obtain information. The autonomy of the investigative branches from prosecutor’s office can be ensured by delegation of authority by agreement of procedural decisions that require prosecutor’s approval over to the head of the investigative branch. The question of allowability of circumvention of the right to privacy of phone communication is the subject of consideration of the request to obtain information on connection between subscribers and/or devices by a court.
Spirin P.N. - Social and legal conditionality of customs duties evasion criminal liability pp. 12-26

DOI:
10.25136/2409-7136.2024.2.69638

EDN: EWAHUM

Abstract: The subject of this article is the socio-legal conditionality of establishing liability for criminal evasion of customs and other payments. This article aims to answer the question of the validity of the elevation of the specified illegal act in the field of economic activity to the category of criminally punishable acts by analyzing relevant statistical data, recent legislative changes in the criminal law, studying the author's positions on the expediency of criminal law protection of calculation and collection of customs and other payments, and also taking into account technical transformations in the customs infrastructure. The author used dialectical, systemic, sociological, statistical, comparative legal methods to study the patterns of changes in the field of customs relations and subsequent legislative transformations in criminal legislation, the impact of these legislative decisions on statistical indicators of countering customs crime. As a result of the analysis of current statistical data related to the dynamics of the number of registered crimes, economic harm caused, recent legislative changes in the criminal law sphere, the study of author's positions on the expediency of criminal law protection of public relations related to the calculation and collection of customs and other payments, as well as taking into account information and technical transformations in the customs infrastructure the author concludes that it is advisable to establish a criminal law prohibition on evasion of customs payments, special, anti-dumping and (or) countervailing duties levied on organizations, as well as individuals. The relevance of this article is also due to the fact that over the past almost 10 years there have been no works devoted to the analysis of the socio-legal conditionality of establishing liability for evasion of customs and other payments paid in connection with the movement of goods across the customs border.
Sheveleva S.V. - Contradictions in the regulation of deferment of punishment for a convict having an under age child pp. 13-23

DOI:
10.7256/2409-7136.2014.12.1368

Abstract: The article studies the problem of deferment of punishment in connection with parental rights. The author considers the particular aspects of the institute of deferment of punishment. The article studies both normative and legal materials, and judicial practice related to this question. The author considers parental rights and responsibilities of mother and father in the comparative vein and comes to the conclusion about invalidity of discrimination. The author states that certain improvements in the question of deferment of punishment of fathers in case of an underage child upbringing necessity have been reached in the legislation recently. As the research methods the author uses analytical method, abstracting and concretization, which allow the author to define the conditions of deferment of punishment. The scientific originality of the research consists in the fact that the author states a range of research problems of big social importance, such as an unreasonable contraction of the group of men who can be granted the deferment of punishment in case of an underage child upbringing; the time of a deferment granting, etc. The author comes to the conclusion that the problem of contradictions in the institute of deferment of punishment can be solved by means of criminal legislation modernisation taking into account the existing regulations and principles in the sphere of constitutional and family law. At the same time, all the questions, related to deferment of punishment, should be regulated according to criminal statute.   
Kabanov P.A. - Criminal mortality of women in modern Russia: victimological dimension of statistical rates for 2009 – 2014 pp. 13-23

DOI:
10.7256/2409-7136.2015.10.1625

Abstract: The subject of the research is criminal mortality of women as a negative social phenomenon and a consequence of the modern Russian criminality. The purpose of the research is the revelation of tendencies of criminal mortality of women in Russia against a background of increase of crime rates and victimity of the Russian population. The tasks of the research are: a) to analyze the departmental victimological statistics devoted to the consequences of criminality; b) to reveal and describe the tendencies of criminal mortality of women in the context of the changing criminality; c) to reveal the existing and to offer new directions in the research of criminal mortality of women through criminological means. The methodology of the research is based on dialectical materialism and the general scientific methods of cognition: analysis, synthesis, comparison and others. The scientific novelty of the research lies in the fact that for the first time in the Russian criminological science on the base of the data of official departmental criminological statistics the author measures criminal mortality of women as a negative consequence of the modern Russian criminality and reveals the tendencies denoting the unfavourable changes in the consequences of criminal behavior. 
Mamochka E.A. - On the issue of the analysis of the subject of the crime consisting in unlawful use of insider information pp. 14-20

DOI:
10.7256/2409-7136.2016.7.19524

Abstract: The paper considers the problem aspects of identifying the subject of the crime consisting in unlawful use of insider information. Article 4 of the Federal law of 27 July 2010 No 224 “On the prevention of unlawful use of insider information and market manipulation and on amending particular statutory instruments of the Russian Federation” contains the exhaustive list of persons, who can be insiders. In order to propose the solution of this problem, the author compares the legislation on insider activities in the Russian Federation and in the USA. The research methodology is based on the comparative-legal method, analogy, and the system method. The scientific novelty of the study consists in the conclusion that the identification of the groups of insiders, including external and internal insiders, in the Russian legislation, which are not restricted to the exhaustive list, can be useful for the further effective law enforcement. The group of external insiders includes the persons who get access to insider information due to lawful actions based on labour or civil contracts; in this case, such actions should relate to the activities of the financial, currency or goods market. The group of internal insiders includes the persons who get access to insider information due to lawful actions inside the company working within the financial, currency or goods market. 
Shamsutdinov M.M. - Implementation of Measures of Procedural Compulsion in Cases of Economic Crimes pp. 14-28

DOI:
10.25136/2409-7136.2018.5.26277

Abstract: The article is devoted to particular features of the legal regulation of implementation of measures of procedural compulsion in case of economic crimes. The object of the research is the relations arising in the process of selection and application of measures of procedural compulsion to criminal proceeding parties. The subject of the research is the combination of criminal proceeding laws that regulate the procedure for selection and application of measures of procedural compulsion in case of economic crimes, as well as legal views of the Constitutional Court of the Russian Federation and explanation of the Plenum of the Supreme Court of the Russian Federation for particular issues related to application of measures of procedural compulsion in case of economic crimes and scientifically grounded opinions of researchers on the matters under research. In the course of his research Shamsutdinov has used general and special research methods, in particular, dialectical method, analysis, synthesis, structured system approach, comparative law, formal law, statistical method and modelling method. The novelty of the research is caused by the fact that the author carries out an integral research of the entire system of measures of procedural compulsion in case of economic crimes. As a result of the research, the author defines problems resulting from implementation of measures of procedural compulsion in cases of economic crimes. The author also makes a conclusion about the need to improve the existing mechanism of the legal regulation of measures of procedural compulsion as well as suggests to complete the system of measures of procedural compulsion with new and more efficient measures of compulsion. 
Fis'kov I.A. - Calculating the Volume of Ilegally Harvested Wood pp. 14-18

DOI:
10.25136/2409-7136.2018.11.28020

Abstract: The subject of the research is the volume of ilegally harvested wood as a criminally-based characteristic of a crime as set forth by Article 191.1 of the Criminal Code of the Russian Federation. According to the author of the article, this is an important practical issue that lacks a proper analysis. While imposing criminal responsibility for purchase, storage, transfer, processing and sale of ilegally harvested wood, the legislator hasn't made necessary amendments to the current rates and method of caculating the cost of illegally harvested wood. Based on teh analysis of the legislative basis for calculating the volume of ilegally harvested wood and law-enforcement practice of implementing the provisions of Article 191.1 of the Criminal Code of the Russian Federation, the author of the article proves that the calculation method described there cannot be used. This makes it impossible to adopt a legally biased judicial decision. The author offers a number of solutions and describes their positive and negative effects. The main conclusion of the research is that there is a need to change the method of calculating the volume of illegally harvested wood.   
Trofimova G.A. - Not Securing the Right to Internal Security of the Public as an Offence pp. 15-25

DOI:
10.7256/2305-9699.2014.11.1349

Abstract: The state as a system of social organization is supposed to perform a number of inherent functions which correspond to its goals and objectives. One of the most important task is the protection of its own citizens from the encroachments of various persons violating the general law and order. It is the degree to which the state secures this right to security that the possibility of implementing the constitutional rights and freedoms in its territory largely depends on. However, experience shows that the public is not in sufficient internal security, therefore, not every measure required to procure it has been taken as of today. What these measures are and how they are related to the legislative activities of the state was what the author of this article was attempting to determine. In doing this, the following general scientific and special research methods were used: analysis, synthesis, modeling, formal logic and grammatical, historical methods. As a result of this research, it was established that the state does not secure the right of the public to security in full, either though the country’s parliament or through its executive or judicial authorities. In view of the above, the author believes that it is necessary to admit that the legal relationship with respect to the implementation by the state of such function as the citizen’s internal security is distorted, meaning that it is in the situation of a constitutional offence which must be, undoubtedly, remedied promptly.
Mironov R. - The role of the control function in penitentiary system pp. 16-36

DOI:
10.7256/2409-7136.2015.6.14829

Abstract: The subject of the research is a managerial activity of penitentiary system in execution of criminal punishments. The author represents theoretical-methodological and practical analysis of the function of control in the activities of penitentiary institutions and bodies. With account to the revealed patterns and principles of modern management, aims and goals of penitentiary system, the author develops the mechanism of formation of control functions of the heads of local penitentiary institutions which predetermines the improvement of execution of both penitentiary and law-enforcement functions. The research is based on the method of dialectical materialism which allows considering the function of control in penitentiary system as an integral, continuously developing phenomenon which is in direct and inverse relation with social reality. Special contribution of the author consists in the complex analysis of the control function in penitentiary system based on the modern principles reflecting the existing social, legal and structural changes in the society in general and in the penitentiary system. They include the principles of competency independence, functional reasonability and personal responsibility of each employee for the decisions made. The author reveals and critically estimates the methodological and empirical potential of the control function. He offers and substantiates the typological model of the process of formation of control functions of the heads of penitentiary institutions connected with a fundamental revision of the system of educational process and personnel training in penitentiary system. Within the theory of management the perception of the problem of axiology of the control function in penitentiary system has changed. 
Khamidullin R.S. - A Plea Agreement - an Objective Truth or a Compromise? pp. 16-22

DOI:
10.7256/2409-7136.2016.3.17925

Abstract: The research subject is the set of regularities of a plea agreement between the sides of the prosecution and the defence on pre-trial stages of judicial proceedings. The research object is the range of social relations arising during crime investigation between the investigator and the suspect, and other persons making a plea agreement. Special attention is paid to the analysis of the motives of law-enforcement agencies making a plea agreement with the suspect or the accused. The author applies the set of general scientific and specific methods of cognition including the normative-logical and the system methods, synthesis, analysis, deduction, induction, and other research methods. The author attempts at answering the question whether a plea agreement provides for the establishment of the objective truth in accordance with the aim of criminal judicial proceedings, or it is a mere compromise on the part of the defence aimed at prevention of counteractions.
Komarov A.A. - On the possibility of using the territorial principle of operation of criminal law in space in respect to cybercrimes pp. 17-26

DOI:
10.7256/2409-7136.2016.8.18549

Abstract: The research subject is the set of theoretical ideas about criminal law operation limits according to the territorial principle. The author analyzes the main postulates of this principle in respect to the realities of the past and the present. The article considers the crime scene concept and the need for this legal construction application within the territorial principle in respect to cybercrimes. The author raises the question of the possibility to review particular provisions of the principle in respect to cybercrimes. The author provides general recommendations which can improve a further use of the territorial principle in respect to new social phenomena: the Internet and virtual space. To achieve the research goals, the author formulates several tasks which are solved with the help of the analysis of the existing doctrinal provisions of Russian and foreign criminal law. The author concludes that for a further effective use of the territorial principle of criminal law in space it is necessary to abandon some doctrinal provisions: the impossibility of extradition of citizens of the state; the necessity to form a single legal framework independent of state territories; the recognition of the Internet as a crime scene of cybercrimes and the linkage of investigating actions to the place of residence of the complainant. 
Komarov A.A. - The personal principle of operation of the criminal law, in relation to acts committed through the global Internet. pp. 17-29

DOI:
10.7256/2409-7136.2016.12.1887

Abstract: In this paper, the author addresses the problem of the operation of criminal legislation in space, in relation to such a social phenomenon as the Internet. The main problem is the fact that the totality of the existing principles of the criminal law in space cannot give an answer whose national jurisdiction should extend to the global computer network. Therefore, our research is devoted to the issue of adapting the personal principle of the criminal law in space in relation to public relations on the global Internet and crimes committed there against the interests of Russian citizens, society and the state. To solve this problem, we have chosen a whole set of widely used methods in Russian jurisprudence. Comparative historical analysis of criminal law norms on the ways of regulating the personal principle in the legislation of foreign countries at various historical stages. We analyzed the current state of the problem and the content of the norms of the current criminal law. The most significant results of our research were proposals to improve the norms of criminal legislation, which, nevertheless, may seem to some of our colleagues very controversial and do not correspond to the prevailing doctrinal views. So we insist on the position according to which the personal principle gains its effectiveness only if it has priority over the territorial one. And for its full-fledged operation in the global computer network Internet, it is necessary to abandon the anonymity of public relations in the process of user interaction with each other.
Mironchik A.S., Susloparov A.V. - Electronic Theft as a Kind of Computer Crime: Problems that Arise During Differentiation and Qualification of This Kind of Crime pp. 17-30

DOI:
10.25136/2409-7136.2019.9.30745

Abstract: The article is devoted to the legal provisions that set forth liability for theft committed with the use of electronic means of payment. Considering problems that arise in the process of differentiation of such crime under Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation, the authors pay special attention to the analysis of features of this crime as a kind of computer crime. The authors focus on criminalization of theft of non-cash or electronic money using cards as it is presented by the foreign legislation (in particular, criminal law of Germany). The researchers have applied such methods as dialetical materialistic, formal law, comparative law, structured systems, criminological and linguistic analysis as well as general research methods (analysis, synthesis, induction and deduction). At the end of the research the author concludes that crimes described by Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation should be recognized as computer crimes. Based on the analysis, the researchers give recommendations on how to classify theft of electronic or non-cash money committed with the use of electronic means of payment. 
Kulikov E.A. - Social Danger of a Deed as the Main Attribute of a Misdeed pp. 18-48

DOI:
10.7256/2409-7136.2016.1.17662

Abstract: The article is devoted to social danger as the most important attribute of a deed, which helps qualify it as a misdeed. The author analyzes legal definitions, existing in the current Russian legislation, and outlines the legal attributes of this phenomenon. The author substantiates the idea that social danger is an attribute of any misdeed, not only of a crime, and argues the thesis that “social danger” is the most appropriate formulation of a material attribute of a misdeed. The author defines the content of the required attribute, applying the interpretations of the Plenum of the Supreme Court of the Russian Federation (in their development from 1999 till 2015) and the achievements of the science of criminal law. The author applies the methods of formal logic, interpretation of law, comparison, generalization, abstraction and legal narration. First of all, the author analyzes the provisions of the Decree of the Plenum of the Supreme Court No. 58, adopted on December 22, 2015, “On the Practice of Awarding Criminal Punishment by the Courts of the Russian Federation”, related to the study of the character of social danger of a deed; compares the Plenum’s interpretations of the mentioned attributes of social danger in the previous and the new decrees. The author substantiates the opinion about the dual objective-subjective character of social danger of a deed and about the fact that the existence of such an attribute allows considering the misdeed as a socio-legal phenomenon. The author proposes the working definition of a misdeed. 
CHESTNOV N.E. - Issues of differentiation between the violation of rules of navigation and other crimes against military service, and criminal legislation improvement pp. 19-51

DOI:
10.25136/2409-7136.2015.12.16641

Abstract: The article studies the approaches to the differentiation between the violation of rules of navigation and other crimes against military service. The existing system of punishment for the violation of rules of navigation doesn’t allow objective using of the existing capacities of the Criminal Code of the Russian Federation for imposing criminal liability on military servants. On the base of comparison and analysis of the current provisions of criminal legislation of the Republic of Kazakhstan, Ukraine and the Republic of Moldova, the author proposes the amendments to the articles of the current Criminal Code of the Russian Federation in relation to imposing criminal liability for the violation of rules of navigation. The author applies the methods of analysis, synthesis, induction, deduction and formalization. The proposed amendments will allow extending the opportunities of application of various measures of criminal punishment to the subjects of crime, according to the form of military service, the responsibility level of a military servant, defined by the functions, and the gravity of the guilt. The author proposes the amendments to the Criminal Code of the Russian Federation in relation to imposing criminal liability for the violation of rules of navigation. 
Gudkov A.P. - Bid Rigging as a Criminal Restriction of Competition (Article 178 of the Criminal Code of the Russian Federation): Legal Regulation Issues pp. 19-27

DOI:
10.25136/2409-7136.2018.11.28083

Abstract: The subject of the research is the legal regulation of criminal responsibility for criminal restriction of competition. The author of the article focuses on bid rigging as the most famous and dangerous kind of this crime with serious threats for the economy. The aim of the research is to define the best legislative model that would allow to raise efficiency of bid rigging prevention. The author analyzes the corpus delicti of competition restriction (Article 178 of the Criminal Code of the Russian Federation) focusing on the analysis of the latest draft law about changes and amendments to the article mentioned above. Gudkov analyzes recent researches on the problem at this stage, laws of developed countries with market economy and experience in relevant administrative proceedings. The methodological basis of the research is the dialectical method as well as general methods such as analysis and synthesis, and special research methods such as dogmatic and comparative law approaches. The scientific novelty of the research is caused by the fact that the author summarizes the results of the researches carried out by such authors as Yu. Bockhova, A. Eremin, A. Kinev, D. Laptev, A. Denisova, and analyzes Article 178 of the Criminal Code of the Russian Federation and amending draft laws, laws of the USA and Japan, and experience in similar administrative proceedings. As the main conclusion of the research, the author underlines the need to exclude such constituent elements of the crime in Article 178 of the Criminal Code of the Russian Federation as major damage and special major damage while reducing the volume of 'large revenue' and 'major revenue' by 10 times. 
Yarovenko V.V. - Criminalistic Description of Knives Used as Cold Bladed Weapon pp. 19-27

DOI:
10.25136/2409-7136.2019.2.29013

Abstract: The matter under research is criminalistic description of different kinds of knives with the design similar to cold weapon. Yarovenko demonstrates that their technical features sometimes outmatch admissible criteria, thus create a social threat. The number of crimes committed with the use of such knives exceeds the number of crimes committed with the use of cold weapons. In practice, there is a great number of forensic expertises of missile or cold weapons that do not affect classification of crime. The research methodology is based on the analysis of criminalistical features of different kinds of knives, applicable criminal law and expert opinions about cold weapon criteria and items that can be used as weapon. The novelty of the research is caused by the author's conclusion that if the criminal law does not distinguish between cold weapon and items used as cold weapon, then it makes sense to exclude the phrase 'cold weapon' in Part 4 of Article 222 of the Criminal Code of the Russian Federation and Part 4 of Article 223 of the Criminal Code. 
Bakradze A.A., Belov D.O., Kalinin A.N. - On the constitutionality of the ban on the use of the Internet by a suspect or accused pp. 19-32

DOI:
10.25136/2409-7136.2022.3.37644

Abstract: The article examines the theoretical and applied problems of the prohibition of the use of the information and telecommunications network "Internet" by a suspect or accused when choosing a preventive measure in the form of a ban on certain actions, bail or house arrest; analyzes, in connection with the fundamental rights and freedoms of man and citizen, the changes introduced by Federal Law No. 72-FZ of 18.04.2018 changes in The Criminal Procedure Code of the Russian Federation; thematic judicial practice is given; legal solutions aimed at optimizing the current legislation and the practice of its application are proposed, while legal issues are correlated with the role of the Internet in modern society and human life. According to the results of the study, the authors come to the conclusion that the legal stereotypes that have existed for a long time about the inseparable connection of the restriction of the constitutional right to freedom when placed under house arrest with other restrictions of constitutional rights, although not explicitly specified in the law, are actually applied to a suspect or accused under house arrest. Among such restrictions, we will find, for example, a ban on performing labor (official) duties, searching for and receiving information, various types of creative activity (literature, painting, science, technology, etc.). These restrictions could have been formed only in a "pre-digital" society and therefore require revision.
Vinokurov A.Y. - On certain issues of prosecutor’s request for information pp. 20-27

DOI:
10.25136/2409-7136.2017.10.23974

Abstract: The research subject is the novels of the Federal Law “On Prosecution Service of the Russian Federation”, regulating the procedure of prosecutors’ requests for necessary documents, and the procedure of implementation of prosecutors’ requests by the regulated bodies. The author supports the novels, based on the positions of the Constitutional Court of the Russian Federation, formulated on 2015. They are aimed at clarifying particular aspects of prosecutors’ activity. The author compares the position of the Constitutional Court and the provisions of the Federal law and finds out that the legislator has solved the key task. The author proves the relevance of the analyzed novels. At the same time, in the context of significant specification of associated procedures, there are ambiguous and disputable issues, connected with prosecutor’s request for information, which should be corrected. 
Pshenichnyi R.V. - Criminalistic Characteristic of Personality of a Criminal Who Has Committed Theft of Property pp. 20-26

DOI:
10.25136/2409-7136.2019.3.29295

Abstract: The matter under research is an integral system of different personality traits of a criminal who has committed theft of property. These are the personality traits that serve as important factors of criminal behavior taking into account external and internal circumstances. Information about it can be used to discover and investigate crime. The author of the article examines such aspects topics as common features and traits of individuals who have committed theft, analysis of typical characteristic of these individuals, discovery of functional relations and patterns in criminal behavior. The research methodology implies complex research of personality behavior through analyzing theoretical data and statistical information. As the main outcome of the research, the author gives a typical portrait of criminals of this kind, describes their typical features and personality traits. The researcher also describes common patterns of their criminal behavior. The research results can be used in the process of crime investigation as well as prevention of this kind of crime. 
Suponina E.A., Dolgikh I.P. - Petty crime: quo vadis? pp. 20-29

DOI:
10.25136/2409-7136.2020.2.31812

Abstract: The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.
Bardeev K.A. - Foreign experience of the constitutional and criminal law prohibition of torture pp. 20-27

DOI:
10.25136/2409-7136.2023.6.40935

EDN: ALXOEL

Abstract: The subject of research in this article is the long-term experience of a number of countries of the modern world summarized by the author in the field of legislative regulation of criminal liability for torture in many of its manifestations. In addition, the relevant international legal provisions, which are the legal basis for combating torture in national legislation, acted as such. In particular, we are talking about the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since the prohibition of torture is absolute, comprehensive and constitutional, which is reflected in a number of state constitutions, the subject of the study was the norms of the basic laws of a number of countries. The scientific novelty of the work lies in the fact that in the article, based on the analysis of the palette of legal definitions of torture existing in foreign law – from brief, reflecting only its main properties, to detailed, descriptive ones, the author's vision of the grounds for distinguishing between these definitions is determined, heterogeneous approaches to understanding how the object of torture, as well as its subject, to determine the place of this crime in the structure of the Special Part of Criminal Laws.
Deryugin R.A., Ayupova G.S. - Peculiarities of use of information about connections between subscribers and (or) subscribers’ units for investigation of crimes described in articles 264 and 264.1 of the Criminal Code of the Russian Federation pp. 21-28

DOI:
10.7256/2409-7136.2017.3.19241

Abstract: The paper considers certain peculiarities of acquisition and application of information about connections between subscribers and subscribers’ units in the investigation of breach of traffic regulations and vehicles exploitation rules. The authors study the judicial practice and reveal the investigative and evidential potential of acquisition of information about connections between subscribers and (or) subscribers’ units in investigation of crimes described in articles 264 and 264.1 of the Criminal Code of the Russian Federation. The authors apply the set of general scientific and special research methods including the normative-logical method, system method, synthesis, analysis, deduction, induction and other research methods. The scientific novelty consists in the revelation of the capacities of use of information about connections between subscribers and (or) subscribers’ units in investigation of crimes described in articles 264 and (or) 264.1 of the Criminal Code of the Russian Federation, based on the particular examples of law enforcement practice. 
Garmaev Y.P., Chumakov A.V. - Theoretical and Applied Aspects of the Developing Concept of Anti-Crime Education as a Form of Forensic Prevention pp. 21-29

DOI:
10.25136/2409-7136.2018.10.27664

Abstract: Based on the analysis of theoretical and practical issues of the forensic prevention theory, the authors analyze the place of a rather new form, anti-crime prevention, therein. By analyzing the example of the creation and implementation of the fraud investigation method during the receipt of payments, the authors emphasize the need and demonstrate the process of creation of anti-crime education that has another structure and is completely different from the recommendations and guidelines for laywers as professional participants of the criminal procedure. The authors describe the process of creating an educational brochure and mobile application that would allow to overcome typical stereotypes of citizens about uncriminal nature, undedictability and unpunishability of particular socially dangerous offences. The authors conclude that there should be similar mobile applications of educative and anti-crime nature to be developed and implemented.
Danilovskaia A. - Criminal law protection of competition in the European Union, Germany, Great Britain and France pp. 21-35

DOI:
10.25136/2409-7136.2020.6.33294

Abstract: The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
Bakradze A.A. - Concerning De-Criminilization of Article 165 of the Criminal Code of the Russian Federation pp. 23-36

DOI:
10.7256/2305-9699.2013.2.533

Abstract: The author of the article offers a classification of penal acts associated with causing loss or damage to property by deception or abuse of confidence as set forth in Article 165 of the Criminal Code of the Russian Federation. The author proves that there is a need in decriminilization of this regulation because it repeats the penal prohibition. Cases of damage to property by deception or abuse of confidence are classified in the following way: loss or damage to property by deception or abuse of confidence due to unpaid service or work; loss or damage to property by deception or abuse of confidence due to non-transfer of property to a holder of title or any other owner when such property is supposed to be transferred from third parties through or without the guilty party (transit property); loss or damage to property by deception or abuse of confidence due to amortization (wear) of the property belonging to a holder of title or any other owner without dequate compensation for using property. 
Dolgikh I.P., Shebanov D.V. - On optimizing the term "theft" in the Russian legislation. pp. 23-37

DOI:
10.7256/2305-9699.2014.5.11933

Abstract: In this article the authors attempted to study the issues of qualification of forms and types of theft of property of persons, defining the criminal law problems in this sphere, as well as the possible solutions for them. The author attempted to generalize and analyze the doctrinal opinions on this issue with certain theoretical conclusions on the moment of completing the crime against property. As an object of studies the authors use legal norms defining legal responsibility for the unlawful acts against property relations and practice of their application.  In their studies the authors actively use dialectic approach to scientific cognition in combination to logical, statistical, comparative legal and some other general and specific scientific methods of cognition of a society. The studies have legal novelty, which is due to the compelx of theoretical provisions developed by the authors. In the nearest future these provisions may serve as the basis for the optimization of the Russian legislation in part of defining the final moment of the unlawful acts against propert, both crimes and administrative offences. The article provides a new definition of theft, allowing to avoid many violations of law in the proceedings on administrative and criminal cases. The said provisions are of both scientific and practical  value.
Panshin D.L. - Victimological aspects of road crimes in Russia: analysis of official statistics for 2009 – 2014 pp. 24-50

DOI:
10.7256/2409-7136.2015.10.1630

Abstract: The article provides the analysis and comparison of absolute and relative rates of road crimes victims. The research characterizes the current situation in the victimity of the population caused by this type of crime, the quantitative and qualitative peculiarities of aggrieved persons for the period of 2009 – 2014. The data characterize the dynamics of change in the quantitative and qualitative rates of victimity of the population and denote some changes in the structure of aggrieved persons in relation to the whole number of criminal victims. The author applies the method of extension of periods and the methods of dialectics to outline the patterns and tendencies of change of victimological rates of the modern Russian road crime on the base of the official data of departmental statistics. The author offers the characteristics of rates of victimological condition of criminal road traumatism and mortality, the dynamic changes of the number of crimes and victims among physical and legal persons, the correlation of the growth rates with a common tendency of development of criminogenity of the population and the characteristics of traumatism and mortality among minors on the roads of the country.   
Afanas'ev A.Y., Repin M.E. - One More Argument Against a Stage of Initiation of Legal Proceedings pp. 24-30

DOI:
10.25136/2409-7136.2018.3.23180

Abstract: Today the stage of initiation of legal proceedings is in extremely disputable state. A considerable part of representatives of criminal procedure science and practicians declare need of revision of a role and the place of this stage for criminal trial up to her elimination. At the same time in justification of the position various authors adduce a set of arguments. In this article a number of such provisions acting from the author's point of view essential in a question of an exception of the analyzed stage of criminal trial are reflected. Besides, by the author it is established that the raised korruptsiogennost of the specified procedure proceeding from the dispositive provision of the p. 2 of Art. 140 of the Code of Criminal Procedure of the Russian Federation acts as one of the main bases for elimination of a stage of initiation of legal proceedings. Definition of degree of corruption risk of this norm and in general the criminal procedure decision on excitement (about refusal in excitement) criminal case has become possible thanks to a method of the statistical multidimensional analysis, namely cluster analysis. In addition, in article the group general scientific and specially methods of scientific knowledge is used. As a result of a research taking into account foreign experience of reforming of the criminal procedure legislation and domestic developments in the field of improvement of pre-judicial production it was offered to exclude a stage of initiation of legal proceedings from criminal trial and the related norms from the Code of Criminal Procedure of the Russian Federation, thereby having presented option of the beginning of pre-judicial production from the moment of registration of the message on a crime.
Berchanskiy K.A. - Failure to render medical aid to the patient (Article 124 of the Criminal Code of the Russian Federation) as an intended crime: a concurring opinion pp. 24-48

DOI:
10.25136/2409-7136.2021.4.35080

Abstract: The subject of this research the judicial practice of Russian courts for the period from 2010 to 2020 on crimes qualified under the Article 124 of the Criminal Code of the Russian Federation. The subject also includes: relevant provisions of the Russian, Soviet and foreign legislation; doctrinal research dedicated to such types of crimes and iatrogenic crimes in general; as well as crimes with two elements of guilt. The goal is to indicated the discrepancies in the practice of Russian courts, clarify the contributing circumstances, and develop proposals for their elimination. The scientific novelty of this work is dictated by integrity of the used data and methods, previously undisclosed factors of law enforcement and doctrinal contradictions, as well as conclusions that are formulated in the Russian criminal law science for the first time. The first conclusion of this research consists in determination of essential contradictions in the practice of Russian courts with regards to application of the Article 124 of the Criminal Code of the Russian Federation “Failure to render medical aid to the patient”. The author established that the reason for these contradictions lies in disparity of the researchers in the question of the subjective side of the crime. The cause of this phenomenon is of complex nature, including the influence of the previously refuted theory of the “mixed” element of guilt. The main result of this research consists in substantiation possibility of establishing the two elements of guilt in the act qualified under the Article 124 of the Criminal Code of the Russian Federation, which however results from the flaws of the legal technique. As a solution to this problem, the author offers the projects of reforming the domestic criminal law based on the adapted provisions of the German criminal law.
Novozhilov S.S. - Features of persons with leadership status in the criminal environment pp. 24-39

DOI:
10.25136/2409-7136.2023.5.40470

EDN: PEQOYN

Abstract: The article highlights the main problems associated with the definition of persons with leadership status in the criminal environment, the categories of persons are considered: "thief in law", "poser", "looker" and their place in the criminal hierarchy. The position of persons who are the leaders of organized criminal communities (OPS), who do not have the specified criminal statuses, but occupy the highest position in the criminal hierarchy of the OPS created by them, is disclosed. The article also considers the position in the criminal hierarchy of "thieves in law", deprived by the decision of the thieves' meeting of status leadership (uncrowned), "thieves in law" retired (proshlyakov). The author raises the question of the ability of persons of this category to occupy the highest position in the criminal hierarchy (to be subjects of crimes provided for in Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation).   In the course of the analysis, the author comes to the conclusion that the criminal hierarchy on the outside is not identical to the prison criminal hierarchy (penitentiary), and a person who occupies a sufficiently high criminal status in the prison hierarchy, after being released and joining a criminal community (criminal organization), may not occupy a leading position there. The author also gives arguments that such persons as "poser" and "looker" occupy the highest position in the criminal hierarchy only if they are the leaders of OPS and EOPS, having a multi-level hierarchy in their structure with the presence of a higher position in it, in all other cases, according to the author, persons of this category do not occupy the highest, and the "high" position and subjects of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation are not.
Ivanova L.V. - Kinds of Cybercrime According to the Russian Law pp. 25-33

DOI:
10.25136/2409-7136.2019.1.28600

Abstract: The subject of the research is the provisions of the criminal law on cybercrime and computer information crimes committed using electronic or telecommunication networks including those on the Internet as well as legal acts and regulations in the fields of information security and information technologies. The aim of the research is to define a circle of actions that can be acknowledged as cybercrime by the Russian law and to develop improvements of the criminal law that would help to differentiate between criminal responsibility for the commitment of crime using information technologies. The researcher analyzes different points of view on the definition of cybercrime and describes features of this kind of crime. The research is based on the systems approach using such methods as logical, dogmatic and comaprative law research methods. By analyzing different points of view and using the systems interpretation of legal provisions, the author comes to the conclusion that cybercrime is a universal term that describes crimes committed with the use of information technologies despite the fact that the legal acts lack a particular definition. The novelty of the research is caused by the fact that the author offers a modern definition of cybercrime that covers all crimes committed using IT technologies. The researcher underlines that there is a certain inconsistence in the legal enforcement of features of the wrongdoing committed with the use of electronic and telecommunication networks including Internet. In order to differentiate between criminal responsibility, the author proves the need to complete all corpus delicti of the Criminal Code of the Russian Federatin that may be committed using information technologies. 
Derevyagina O.E. - Concerning What Causes Criminalization of Competition Restriction (Part 1 of Article 178 of the Criminal Code of the Russian Federation) pp. 27-43

DOI:
10.25136/2409-7136.2019.4.29184

Abstract: The article is devoted to the process of criminalization of agreements that restrict competition (cartel agreements). According to a number of experts in criminal law as well as representatives of business communities, criminalization of anti-competitive agreements is either insufficiently substantiated or not substantiated. This is why substantiation of criminalization of cartel agreements is a nettlesome issue. The object of the research is the social relations in the sphere of criminal policy regarding criminalization of deeds constituting a crime as set forth by the provisions of Article 178 of the Criminal Code of the Russian Federatio. The subject of the research is the applicable criminal law provisions that set forth responsibility for cartel agreements. The author of the article analyzes the system of bases for criminalization of cartel agreements. She focuses on the social threat caused by the crime of this kind and makes a conclusion that the penal prohibition is absolutely reasonable. The methodological basis of the research includes such research methods as systems approach, historical law analysis, dialectical, formal law, formal logical and complex analysis. The novelty of the research is caused by the fact that the author carries out a complex analysis of criminalization of the aforesaid crime in current laws and this is the first article of the kind in the academic literature. One of the author's conclusions is that criminalization of cartel agreements is reasonable at this point of social development taking into account the threat for the society and impossibility of fight against restriction of competition and opportunities of criminal justice and historical legal traditions. 
Berchanskiy K.A. - Causal link in iatrogenic crimes: problems of correlation of the categories of causality in forensic examination and Russian criminal law pp. 27-51

DOI:
10.25136/2409-7136.2020.10.34288

Abstract: The subject of this research is the Russian case law of conducting legal proceedings against the representatives of medical sphere based on the constituent elements of crime established by the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper discharge of professional duties. The subject of this research also includes legal norms that regulate the procedure of forensic medical examination in the Russian Federation, norms of medical legislation, as well as corresponding provisions of the Criminal Code of the Russian Federation. The object of this research is the social relations emerging in the event of causing death due to improper provision of medical care, conduct of forensic medical examination, as well as consideration of such cases by the courts. The scientific novelty consists in comprehensive approach towards its implementation that would include the analysis of relevant practice of Russian courts on iatrogenic crimes. As a result of this research, the author outlines the key problems faced by the Russian courts in assessment of causal link in iatrogenic crimes, first and foremost committed by medical negligence. The detailed analysis of legal norms that regulate the procedure forensic medical examination allowed determining the possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in judicial practice. Based on the historical method of interpretation, the author detected the presence and origins of fundamental contradictions in the relevant legislation. The comparative-analytical method applied to the Russian criminal and forensic legislation allowed identifying the key issued that currently impede the efficient and just consideration of iatrogenic cases; the solution approach depending on priorities of the government in criminal law policy is proposed.
Apostolova N. - On the issue of Russian criminal proceedings development pp. 28-39

DOI:
10.7256/2409-7136.2015.2.14232

Abstract: The article is devoted to the improvement of proof and truth finding in a criminal case in modern Russian criminal proceedings. The author substantiates the necessity of preserving of principle provisions fixed in the Criminal Code of the Russian Federation; according to these provisions truth finding in pre-trial proceedings is the responsibility of the officials of investigation bodies by means of gathering (verification, evaluation); and during the trial in terms of open, oral and adversary proceedings - of the court by means of a thorough inspection and an objective assessment. The author also considers the issue of objectivity and impartiality of the court as the necessary and essential guarantees of truth finding in a criminal case and lawful, reasonable and fair justice. The study was conducted with regard to the achievements of the pre-revolutionary and Soviet science in criminal proceedings, as well as the provisions of the Constitution of the Russian Federation, the European Convention for the protection of human rights and fundamental freedoms of 1950 and the modern judicial practice. The conclusion is made that the establishment of objective truth in a criminal case in modern Russian criminal procedure is possible only when the activity of the court in the proof will be aimed at testing the relevance, validity, reliability and sufficiency of the evidence and elimination of the existing contradictions in them, but  not at the correction of incompleteness of preliminary investigation. Only for comprehensive and objective examination of the circumstances of the case and decisions legitimate, reasonable and fair judgement, the court should conduct its own investigations and obtain new evidence. We now need the court which will carry out justice, promoting a harmonious development of personality, society and the state.
Semerikova A.A. - Criminological Analysis of Sexual Violence Victims pp. 28-41

DOI:
10.25136/2409-7136.2018.7.24761

Abstract: The object of this research is the personality of a sexual violence victim that plays an essential role in the development of criminal motivation. The author of the article touches upon specific reasons and conditions that contribute to victimization, i.e. making a victim 'attractive' for a sexual abuser. Semerikova describes five criteria that describe the structure of victim personality. These include sociodemographic, socioprofessional and legal criteria that generally determine the conditions that increase victimity, and moral psychological and medical criteria determine the causes of aggression. The research is based on the psychological, psychiatric and criminological survey of 150 respondents who were the victims of sexual violence as well as on the analysis of the main theoretical concepts of Russian and foreign victimology. As a result of her research, Semerikova comes to the following conclusions: the victim and abuser have similar psychological features, inferiority and drive to self-destruction being the basic features; and the most common deviations of sexual violence victims are inherited submissiveness and masochism as a disorder of sexual preference. The results of the research can be used to develop sexual abuse preventive measures. 
Kulikov E.A. - General rules of punishment assignment for joint crimes: comparative and legal aspect pp. 29-38

DOI:
10.7256/2409-7136.2017.3.21409

Abstract: The research object is punishment assignment for joint crimes formalized in the current Criminal Code of the Russian Federation. Thus the process of criminal legislation development, started in 1845 with the Decree on criminal and penal punishments, has been completed. The research subject is the rules of imposition of punishment for joint crimes determined by the specificity of the phenomenon and the necessity to take into account the criminal law principles and the common rules of assignment of punishment. The author applies the comparative-legal method revealing the general and the special features of regulation of punishment assignment for joint crimes in the criminal legislation of Russia and foreign countries. The author considers the common rules of punishment assignment for joint crimes in the comparative-legal context; characterizes the specificity of these rules and compares them with the similar rules of criminal legislation of some foreign countries. The author concludes about a high level of legal regulation of punishment assignment for joint crimes in the Russian criminal legislation; particularly, the author notes that the current version of the article 67 of the criminal Code provides for a more individualized punishment for accomplices. 
Gasanov A.K., Ostroushko A.V. - The USA Experience in Countering an Insurance Fraud pp. 29-35

DOI:
10.25136/2409-7136.2019.5.29679

Abstract: The subject of the study is the regulations of the criminal law of the USA in countering the insurance fraud. A notable feature of the US criminal law is that it consists of the federal legislation and the state legislation, but only 47 states consider an insurance fraud as a crime. The authors have analyzed the dispositions of the criminal law regulations under the study and emphasized the fact that the liability is imposed for the insurance fraud committed by both policyholder and the insurer. The article highlights a certain casuistry of the dispositions peculiar to the US legislation. The authors apply the following methodological methods: a complex of general scientific and special methods of cognition of socio-legal reality. The methodological basis of the research includes the dialectical method with inherent requirements of objectivity, comprehensiveness, historicism, and the specificity of truth. Among the general scientific research methods, the authors apply the methods of analysis, synthesis, comparison, and measurement. The authors apply a rather-legal method as a special scientific method. The authors analyzed the law enforcement practice of the USA in countering the insurance fraud and suggested that special attention should be drawn to the set of its features:there is a detailed description of the features of acts in the criminal law of the USA regarding the insurance fraud; an American lawmaker takes a broad view of an insurance fraud concept and includes the broad list  of acts committed by both policyholder and the insurer; insurance fraud also includes acts of other states and in most cases are liable for exercise of criminal justice; an American lawmaker divides all the acts into crimes and offenses. 
Komarov A.A. - Research on the question of determination of the total number of fraud victims committed via Internet pp. 29-45

DOI:
10.25136/2409-7136.2020.4.32627

Abstract: The object of this research is the statistical aggregate of people who by objective (external) reasons are prone to become the victims of fraud within the Russian segment of the global computer network. The subject of this research is the quantitative aspect of the aforementioned phenomenon. Special attention is given to the search of effective methods for determination of quantitative aspects of victimization. The goal consists in most accurate assessment of the total number of the potential victims of fraud committed via Internet. The main results of this work contain the most accurate among previously existed in criminology numbers of: potential victims of fraud in the Internet (the author specifies the number of users of the Russian segment of Internet aged from 6 to 80), persons out of 24-hour Internet audience of criminogenic age; and a number of statistical indicators of victimization. All of the listed above can assist proper organization of research carried out by scholars dealing with the problems of cybercrimes.
Danilovskaia A. - Criminal-legal protection of competition in the United States pp. 30-43

DOI:
10.25136/2409-7136.2020.2.32254

Abstract: The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
Semerikova A.A. - Prostitution and sexual abuse: criminological and victimological aspects pp. 31-38

DOI:
10.25136/2409-7136.2017.9.20249

Abstract: The research object is a negative social phenomenon of prostitution, which is considered as a background criminogenic phenomenon influencing the escalation of criminal sexual abuse. The author considers this phenomenon in two aspects: the victimological aspect (as long as persons providing sexual services in exchange for payment are more likely to become victims of sexual abuse than other categories) and the criminological aspect, i.e. as a negative influence of prostitution on its consumers. The purpose of the research is to define the sphere of negative influence of this social phenomenon on persons, providing sexual services, and their consumers. The empirical base of the research is the survey, which covered persons, engaged in prostitution and victims of sexual abuse, and consumers of sexual services. The author formulates victimological and criminological peculiarities. Victimological peculiarities: the main reason, which forces people into prostitution, is rather a high threshold of sexual acceptability and a distorted understanding of a norm of sexual behavior, than financial ill-being; a psychological profile of a prostitute is identical to that of a victim of sexual abuse. Criminological peculiarities: prostitution has almost no influence on a formed personality, but if a person is being formed, prostitution is a highly destructive phenomenon, which forms a destructive sexual scenario of consumption and fosters deepening and development of sexual preference disorder symptoms and other psychic disorders, which have impact on the sphere of volitional regulation of a sexual model of personal behavior. 
Mironov R. - Network Interaction of Law Enforcement Authorities as the Mechanism to Improve Social Technologies of State Management in Law Enforcement Sphere pp. 31-41

DOI:
10.25136/2409-7136.2018.3.25083

Abstract: As part of improvement of social technologies in law enforcement activity, the author of the article describes the mechanism of network interaction of law enforcement activities under the conditions of modern network community as well as expected transfer of Russian economy to its digital model. The purpose of the research is to discover organizational and managerial contradictions between Russia's established vertical subordination model of law enforcement interaction and foundations of state management and use of social technologies as a modern mechanism within the network community and digital economy. The objective of the research is to define the role of mutual activity of law enforcement activities in transformation of the entire law enforcement system aimed at improving state management in the law enforcement sphere. The article was written based on the analysis of legal provisions, departmental legal acts, law enforcement practice of law enforcement agencies in terms of the theory of social management, cybernetics, information analysis and most recent achievements in the field of interdisciplinary researches. In his research Mironov has applied general research and specific law research methods and techniques which ensures an in-depth analysis of law enforcement activities. The novelty of the research is caused by the fact that the author offers his own hypothesis about the network structure of the society. The rationale of the research is caused by the focus of the President of Russia on building a digital economic system as an actual need to support competitive ability of Russia's economy among other global economies. For this purpose, the author develops a mechanism of network interaction of law enforcement activities as part of digital economy which, in its turn, predetermines the mechanism to improve social technologies of state management in the law enforcement sphere. 
Bakradze A.A., Aminov D.I. - Plenum of the Supreme Court of July 9, 2013 ¹ 24 "On the court practice in cases of bribery, commercial bribery and othe corruption crimes": issues of qualification pp. 32-50

DOI:
10.7256/2409-7136.2015.4.14587

Abstract: The authors comment on the decision of the Supreme Court oo July 9, 2013 ¹ 24 "On the court practice in cases of bribery, commercial bribery and other corruption crimes". The article presents the criticisms aimed at optimization of law enforcement activities, considers complicated and ambiguous issues of qualification, analyzes the conditions of criminal responsibility for the provocation of bribery or commercial bribery, offers the decisions with regard for the changes containing in the Federal Law of 02.11.2013 No 302 "On amending separate legislatives of the Russian Federation". The methodology of the resarch is based on the general and specific methods of cognition: methods of empirical research (observation, comparison, collection and study of information), analysis and synthesis of theoretical and practical materials. The authors analyze normative-legal acts, teaching aids, special literature including statistical data and law-enforcement practice. The authors present criticisms and suggestions aimed at optimization of law enforcement activities, reveal and describe the mechanisms of some corruprion crimes, outline the peculiarities of qualification and the problems of their destinguishing from other corpora delicti. 
Badikov K.N. - Interdisciplinary approach towards the purpose of establishing sex of a person by a singular finger print. pp. 33-49

DOI:
10.7256/2305-9699.2014.6.12172

Abstract: Dermal glyths are constituent parts of the constitutional elements in a human body. Analysis of dermal specificities of the phalengettes of fingers has shown the correlations in the system of "minutia-biochemical processes-sex-nosology". Taking psycho-dermal-glythic connections in the disruptions of the  metabolic processes has allowed to make a conclusion on the value of the certain minutia combinations for defining the sex of a person by a fragmentary finger print. Therefore, fingerprints contain unique individualizing information on the morpho-functional qualities of a person in general, and on his (her) bio-chemical potential. The modern studies show that characteristics of types and kinds of papillary pictures provide identification, as well as diagnostic, psychological and nosologic correlations. In our study the psycho-dermal-glyphic connections based upon the value of specific elements of papillary patterns serve as diagnostic criteria for the individualization of the personality of a person, who has left the trace. Establishing the bio-chemical potential, presence of neuro-endocrine and dermal glyphic correlations, connection and influence of endocrine disruptions on the behavior optimize the psychological profile and allow to widen its scope with the diagnostic information on the sex of the individual and deceases of the endocrine system of women. The finger prints, when evaluated within the context of diagnostics of neuro-endocrine pathology,  form the object of these studies. The methodological basis for the study was formed with the provisions of the dialectic method, systemic approach towards the description of the psychological profile. In order to achieve the goals of the studies, the author used the general scientific research methods (description, comparison), as well as special methods (statistical analysis, differential analysis, singling out and analysis of integral - integrative correlations). The psycho-dermal-glyphic studies form a novel direction in the forensic diagnosis, reflecting integral-integrative correlations of the object (hand print), subject, sex and nosology.  Taking into account the psychogenetic concept that brain is a main neuro-endocrine body, the author has evaluated the correlation between a topological model of the brain structures and the morphology of a finger print (first right, first left) within the context of integrative behavior and specific features of minutia formation, reflecting neuro-endocrine and psycho-dermal-glyphic connections. From the standpoint of innovative approach towards the minutia system, their localization, statistical and morphological peculiarities serve as markers of the neuro-endocrine status of the trace-bearer. Traditionally, the judicial medicine use minutia only for the identification purposes.    
Danilovskaia A.V. - Acts restricting fair competition: issues of criminalization and differentiation of criminal liability pp. 33-60

DOI:
10.25136/2409-7136.2024.1.69703

EDN: JSZSQY

Abstract: The subject of the study is certain areas of criminal law policy in the field of protection of fair competition, namely the current state of criminalization of acts restricting fair competition, the signs of which directly or indirectly correspond to violations of the Federal Law "On Protection of Competition", disadvantages of criminalization of such acts, as well as violations of the rules of legislative technique in their design, differentiation of criminal liability for committing such crimes, law enforcement in the field of criminal law counteraction to the restriction of fair competition. The purpose of the work is to identify the problems of criminalization of acts restricting fair competition in their relation to the Federal Law "On Protection of Competition", the shortcomings of differentiation of criminal liability for their commission in the light of official recognition of the need to counter anticompetitive violations as a threat to economic security, and ways to eliminate them. The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, legal forecasting, classification method. The novelty lies in the fact that the author: 1) a study of the provisions of the Criminal Code of the Russian Federation for the content of crimes in it, the signs of which are directly or indirectly related to violations of the prohibitions of the Federal Law "On Protection of Competition", an analysis of this ratio, as well as their reflection in law enforcement; 2) proposals on criminalization of collusion at auctions, depending on the subject of collusion; 3) given analysis of violations of legislative technique in the description of crimes, the signs of which may be associated with violation of the prohibitions of the Federal Law "On Protection of Competition"; 4) it is concluded that new qualifying or especially qualifying signs are included as means of differentiating criminal liability for encroachments on fair competition, the shortcomings of existing sanctions are studied and ways to eliminate them are proposed. The conclusions are that in order to solve the tasks of countering anti-competitive acts as a threat to economic security, it is necessary to reconsider the approach to criminalizing acts that restrict competition, in particular, by clarifying the signs of their objective side, expanding the grounds for criminal liability for anti-competitive agreements, differentiating responsibility for their commission by clarifying qualifying and especially qualifying signs, improving the sanctions mechanism.
Sychev D. - Prosecutor in pre-trial proceedings: functional range of activities pp. 34-57

DOI:
10.7256/2409-7136.2015.5.14389

Abstract: The subject of the study is the functional content of prosecutor's activities on pre-trial stages of criminal proceedings, in which of particular importance are procedural oversight and criminal prosecution. The author studies the regulatory framework of the Criminal-Procedural Code of the Russian Federation serving as the means of these functions implementation. The article shows their interrelations and the relations with the main criminal - procedural functions. The author analyzes the range of views on the definition of a prosecutor's criminal - procedural function by other scientists, and offers his own point of view. The main research method is the dialectical method of cognition. The author also uses the comparative legal, the logical-legal and the system methods of cognition. The novelty lies in the comparison of modern scientific attitudes towards the functional range of prosecutor's activities. The author concludes that the function of criminal procedural oversight in criminal proceedings is an imported from the outside state-legal function of oversight and at the same time - the main criminal-procedural function. Special contribution to the study consists in the author's proposals to amend the existing legislation.
Damm I.A. - Anticorruption Standards of Educators' Behavior As Part of Corruption Prevention at Higher Education Establishments pp. 34-45

DOI:
10.25136/2409-7136.2018.2.25488

Abstract: The subject of the research is the provisions of the anti-corruption law of the Russian Federation, sublegislative and institutional legal acts as well as local regulations and provisions of the code of ethics that fix anti-corruption standards of educators' behavior at higher education establishments. Damm examines current tendencies in developing anti-corruption standards of behavior in the field of education that have been established for educators of higher education establishments. The author applies the dialectical research method as well as system structured analysis, formal logic, etc. The results of the research demonstrate that there are no single anti-corruption standards of behavior for educators of higher education establishments. Anti-corruption standards of behavior are set forth by sublegislative legal acts and departmental regulations set forth by the Ministry of Education and Science of the Russian Federation only for educators who manage educational establishments. Anti-corruption standards, restrictions, guidelines for other educators are set forth by an educational establishment itself through the codes of ethics and local regulations. According to the author of the article, in oder to prevent corruption at higher education establishments, it is necessary to fix single anti-corruption standards of behavior at the federal level, develop local legal acts that would guarantee observation of anti-corruption standards of behavior; to carry out relevant training for educators aimed at explaining these standards, procedure and responsibilities. 
Popov E.A. - Individual, society and narcotic drugs: social, legal and criminological aspects of the correlation. pp. 35-68
Abstract: The article is devoted to an important problem,  and it is not only specific theoretical and applied branches of modern socio-humanitarian knowledge, but also the state and society as a whole as well as each person are interested in finding solutions to it. This is the problem of the spread of narcotization of the population of Russia and measures against this negative influence. Thus,  from  the standpoints of social, general legal and  criminological aspects, the article discusses some  of important features for solving the designated problems. The methods of comparative linguistics, analysis, processing of secondary data, as well as some of the methods of  applied sociology allowed the author to adequately analyze the issue. The findings allow to further develop the an independent vector of  criminological research regarding the problems of narcotization of the population of Russia.
Trush V.M., Gomonov N.D. - Criminogenic contamination of a criminal identity: concept, grounds and realization pp. 35-63

DOI:
10.25136/2409-7136.2017.12.24714

Abstract: The authors study the phenomenon of criminogenic contamination of a criminal identity in the context of comparative analysis of psychological peculiarities of law-abiding citizens and criminals. The study is based on the personal theory – humanstructurology by G. Ammon. The objects are law-abiding citizens and the groups of the convicted of crimes against person, property, in the sphere of sexual freedom and sexual integrity, for illegal production, storage, transportation, transmission or marketing of drugs or narcotic substances. The research subject is the structure of humanfactors, its quantitative and qualitative representation depending on the group specificity. The research methodology is based on the laws and categories of materialistic dialectics and the historical approach to the interpretation of social and legal phenomena. The research methodology includes comparative analysis of average statistical indexes describing the condition of the humanstructure of personal features of criminals of the above mentioned groups and law-abiding citizens. The system of estimation indexes, proposed by authors, allows defining the statistically reliable significant differences of these indexes describing the most prominent and the most stable characteristics of humanstructurology of persons in the groups under consideration. The scientific novelty of the study consists in the fact that using the basis of identity – the existentiality of corporeality – the authors define the level of personal criminogenic character (criminogenic contamination) on the basis of calculated indexes characterizing personal features. The authors prove the thesis about the system and sustainable character of manifestations of the existentiality of corporeality in the humanstructurology of personal features of convicts. Consequently, the existentiality of corporeality of a person as a significant philosophical and methodological ground can be used for the study of criminal identity, particularly, the level of its criminogenic contamination. 
Sushkin N.V. - On the question of the criminal legal concept of an explosive device pp. 35-44

DOI:
10.25136/2409-7136.2023.4.38445

EDN: XHRAVA

Abstract: The subject of the study is problematic issues related to the concept of the subject of the crime under Article 222.1 of the Criminal Code of the Russian Federation, namely, an explosive device, and with the assessment of the degree of public danger of objects that have the design features of explosive devices, but are not legally such. To resolve the issue of the relevance of the subject to the subject of Article 222.1 of the Criminal Code of the Russian Federation, as a rule, an explosive examination is appointed, however, expert terminology is based on special knowledge in the field of forensic explosives and differs somewhat from legal. The purpose of the work is a detailed study of these inconsistencies in the concepts of an explosive device, an assessment of the degree of public danger of a number of objects that are not explosive devices, but contain an explosive charge and have other design features of explosive devices. In the course of the study, methods of observation, comparison, analysis of expert practice, current legislation and scientific literature were applied.   The novelty of the research lies in the study of the concept of an explosive device both from a legislative point of view and from the point of view of forensic explosives. According to the results of the study, the necessity of changing the legislative approach to the concept of an explosive device, and revaluation of the degree of public danger of imitation and pyrotechnic devices is argued. Recommendations have been developed to bring the measures of the criminal law fight against illegal trafficking of explosives and explosive devices in line with modern requirements. The results of the work can be used both in the judicial interpretation of the subject of the crime provided for in Article 222.1 of the Criminal Code of the Russian Federation, and directly by the law enforcement officer when evaluating the conclusions of the explosive expertise.
Verenich I.V. - Theoretical and applied bases for overcoming obstruction of criminal investigations pp. 36-46

DOI:
10.25136/2409-7136.2020.6.33390

Abstract: The subject of this research is the theoretical and practical bases for overcoming obstruction of criminal investigations, criminal phenomenon of obstruction of justice, elements of obstruction, as well as measures for discovering criminal obstruction. The work is aimed at determining the characteristic and innate elements of obstruction of justice, research of the stages, determination of types, tactics and means of this counteraction for putting forth criminalistics versions and investigative planning using the means and methods of overcoming obstruction of investigations. The research methodology of the general scientific methods, including sensory-rational scientific methods (observation, description, comparison, experiment and simulation), logical methods (analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction), mathematical methods (measurement, calculation, geometric construction); methods of criminalistics (forensic identification, fingerprinting, odorology, planning of investigative actions, organization of investigation); and special methods of other sciences, which include physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological and psychological methods. The scientific novelty of this research is defined by the aspect of inquiry into criminal phenomenon of obstruction of justice, overcoming the obstruction, formation of criminalistics doctrine on overcoming obstruction of justice, emergence and establishment of criminalistics doctrine for overcoming obstruction of justice, as well as formation and completion of criminalistics doctrine in its final form as a holistic system of theoretical positions and practical recommendations.
Abaturov A.I. - The peculiarities of disciplinary sanctions imposition on convicts terminated their work in penitentiary institutions without reasonable excuse pp. 37-52

DOI:
10.7256/2409-7136.2015.6.15003

Abstract: The subject of the research is social relations arising in the process of prevention of malicious violations of the established order of service of sentence in the sphere of labor relations in penitentiary institutions. The author thoroughly examines the current problems of disciplinary sanctions imposition on convicts terminated their work without reasonable excuse in penitentiary institutions. Special attention is paid to preventive impact on persons refusing to work; the author analyzes the main reasons of drawbacks and gaps in this area, gives recommendations for the involvement of first-time-offenders in labor processes, fostering the skills and habits to work in good faith. The methodology of the research is based on the dialectical method of cognition of reality. The author uses the general scientific and special methods of cognition: for the analysis of the new and previously used legal regulations and penitentiary legislation he uses the comparative-legal method; for the analysis of statistical data for the period of 2001 – 2013 he uses the statistical method. The novelty of the research lies in the fact that it is both a theoretical and applied work in the sphere of organization of the activities of penitentiary institutions personnel aimed at prevention of illegal actions of convicted persons, recognized as persistent violators of the order of service of sentence. The paper characterizes the problems in the studied sphere, develops theoretical grounds for the enhancement of the mechanism of activity of the departments of penitentiary institutions aimed at the prevention of illegal actions of convicts recognized as persistent violators of the order of service of sentence.
Prostoserdov M.A. - Problems of the implementation of the principle of justice in the construction of sanctions norms of the Special part of the Criminal Code of the Russian Federation pp. 37-48

DOI:
10.25136/2409-7136.2022.6.37602

EDN: HTIKCQ

Abstract: The author examines in detail the problems of implementing the principle of justice in the construction of sanctions of criminal law norms of a special part of the current criminal law of the Russian Federation. The object of the study is public relations regulating the establishment of specific types and punishments within their specific limits for the seduction of specific crimes. The subject of the study is the norms of the current criminal law of the Russian Federation. The author pays special attention to the issues of compliance of certain types of punishments with the nature and degree of public danger of the crime. separately, the issues of the correlation of the sanctions of the norms of the part and the norms of the whole, the problems of establishing the lower limit of punishment in criminal sanctions are investigated.   The scientific novelty lies in the developed and formulated theoretical foundations for the construction of criminal law sanctions aimed at implementing the principle of justice. The paper investigated the sanctions of new norms of a Special part of the Criminal Code of the Russian Federation, such as "Knowingly false expert opinion in the field of procurement" (Article 200.6 of the Criminal Code of the Russian Federation). At the same time, several problems of implementing the principle of justice in the construction of criminal sanctions have been identified, and new ways of eliminating these problems have been proposed. The conclusion is substantiated on the ratio of sanctions of norms-part and norms-whole, sanctions of qualified and basic compositions, on the principles of establishing a fine as the main type of punishment in the sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, as well as on the principles of establishing the lower limit of punishment in the form of imprisonment.
Sidorenko E.L., Khalizeva E.A. - The system of offences related to illicit circulation of digital securities in Russia pp. 38-50

DOI:
10.25136/2409-7136.2021.8.36234

Abstract:   This article is dedicated to the analysis of the system of offences related to the illicit circulation of digital securities in the Russian Federation. Special attention is given to the peculiarities of the mechanism of constructing the system of offences in the sphere of digital economy. The article analyzes the basic FATF acts pertinent to digital assets; examines the alarm signals in using such assets to launder proceeds acquired by illegal means or used to finance terrorism. The author reviews recommendations on application of risk-based approach in the process of creating due legal regulation of digital assets in the FATF member-states (including Russia). As a research task, the article aims to determine which acts associated with the illicit circulation of digital securities are the subjected to criminalization, as well as the composition of these offences considering the technological aspect of the mixed (economic and technological) nature of such assets. The corresponding draft federal laws “On the Amendments to the Criminal Code of the Russian Federation” and “On the Amendments to the Code of the Russian Federation on Administrative Offenses”, developed by the Ministry of Finances of the Russian Federation, comprise the legislative normative framework for this research. The conclusion is made on the reception (accounting) of recommendations for further development of such regulation in the Russian Federation.  
Verenich I.V. - Criminalistic Studies about Overcoming the Counteraction to the Crimes of Investigation pp. 40-45

DOI:
10.25136/2409-7136.2019.11.31368

Abstract: The subject of the research is the mechanism of overcoming the counteraction to the crimes of investigation and mechanism of marking formation, patterns of overcoming the counteraction to the crimes of investigation, their technological and criminalistic support, tactical and criminalistic support, methodological and criminalistic support of activities performed by law enforcement agencies and court. This is the first research to create a criminalistic teaching about overcoming the counteraction to the crimes of investigation and to develop an integral concept of such study as a combination of interrelated ideas and concepts. The methodology of the research includes general research methods (observation, description, comparison, experiment and modelling as sense-based research methods, analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction as logical research methods, measurement, calculation and geometrical construction as mathematical methods). The author has also used special criminalistics methods (criminalistic identification, dactyloscopy, odorology, planning of investigative activities and organisation of investigation) as well as special methods from other branches of science such as physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological methods and psychological methods. The scientific novelty of the research is caused by the fact that the author offers a new branch of criminalistics, criminalistic teaching about overcoming the counteraction to the crimes of investigation and development of the integral concept thereof based on rules and patterns of criminal procedure. 
Vinner E.R. - The Concept and Types of Crimes that form Illegal Transactions with Securities pp. 40-50

DOI:
10.25136/2409-7136.2023.3.40379

EDN: RELQGZ

Abstract: The author examines in detail such aspects of the topic as crimes that constitute illegal transactions with securities (Articles 185, 1851,185.3, 185.6 of the Criminal Code of the Russian Federation). The article substantiates the position according to which market manipulation and the misuse of insider information are only partially included in the system of crimes under consideration, since they relate to polyobject elements of crime, where various social relations (independent, non-subordinate) are combined into one norm of the law on criminal liability. A comparative analysis of the securities market and the investment market is carried out. The types of illegal financial transactions that exist on the securities market and are prohibited by criminal law are considered. The concept of crimes representing illegal transactions with securities is formulated. It is noted that the peculiarity of the crimes under consideration is, firstly, their blank nature, and secondly, the subject is information about securities. The novelty of the study is based on the analysis carried out. The following conclusions are formulated: 1) illegal financial transactions existing on the securities market and prohibited by criminal law include: firstly, transactions committed during the passage of the issue, leading to its invalidity or recognition as invalid (Article 185 of the Criminal Code of the Russian Federation); secondly, transactions that undermine the transparency of the market securities, which consist in violation of the rules of disclosure of information by evading or providing deliberately incomplete or even false information (Article 1851 of the Criminal Code of the Russian Federation); thirdly, operations related to price manipulation of Article 185.3 of the Criminal Code of the Russian Federation); fourth, operations based on insider information (Article 185.6 of the Criminal Code of the Russian Federation) 2) crimes that constitute illegal transactions with securities are understood to be acts that infringe on the procedure for conducting transactions with securities regulated by the state.
Shepeleva O.R., Preblagina K.I. - Legal and factual grounds for the formation of evidence at the pre-trial stage of criminal proceedings pp. 42-52

DOI:
10.25136/2409-7136.2023.11.68995

EDN: HUIFEF

Abstract: The subject of the study is legal relations arising in connection with the criminal law and criminological aspects of determining the subject of evidence in criminal proceedings and its establishment. The methodological basis of the study is special methods of cognition (formal legal and comparative-legal), and general, which should include methods such as abstraction, analysis and synthesis, induction and deduction, and methods of theoretical research - dialectical, ascent from the abstract to the concrete and logical. The main conclusions of the study are that currently the investigator /inquirer at the pre-trial stages of criminal proceedings carry out activities to collect, verify and evaluate evidence included in the subject of evidence in a criminal case. This activity is carried out through the implementation of investigative and other procedural actions. Having considered the individual problems of collecting evidence by the investigator/inquirer, we come to the conclusion that, for the purposes of improving pre-trial evidence, it is necessary to clearly regulate the legal status of such an action as "obtaining explanations" in the process of considering a crime report (the form of obtaining explanations; procedural rules for obtaining explanations; legal regulation of the status of those persons from whom explanations are received, etc.) Thus, based on the results of the study, it is concluded that it is necessary to improve a number of norms of the Code of Criminal Procedure of the Russian Federation and specific changes are proposed.
Korchagin A.G., Trushova I.V. - Issues of Legal Regulation of Bank Card Settlements pp. 43-77
Abstract: The article is devoted to the issues of legal regulation of bank card settlements taking into account the current civil and criminal laws and international experience. Unlike a number of foreign countries, the Russian Federation still hasn't adopted the law on 'The Electronic Document' which would allow to eliminate the gaps we have in our legislation today. The author gives statistics of detection of economic crime by internal affairs authorities not only in the Russian Federation but also in Primorsky Krai and Khabarovsk Territories. 
Slepnev F. - The Insignificance of the Act in Criminal Law and the Social Danger of the Individual pp. 43-53

DOI:
10.25136/2409-7136.2022.10.38732

EDN: DPYJKB

Abstract: The article is devoted to the issues of taking into account the social danger of the individual when differentiating minor acts and crimes. The subject of the work is the norms of law governing the institution of the insignificance of an act in criminal law, as well as law enforcement practice that develops in connection with the application of the norms on the insignificance of an act. In the course of the study, the author examines the evolution of Soviet and post-Soviet criminal legislation in terms of the norms governing the insignificance of the act, as well as the legal technique of their construction. Particular attention is paid to the study of heterogeneous law enforcement practice in the context of the issue of accounting for the identity of the perpetrator in the differentiation of minor acts and crimes. The research was conducted on the basis of universal dialectical, logical, formal-legal and historical-legal research methods.The scientific novelty of the research consists in the fact that the author presents a theoretical justification of the approach, according to which personality traits cannot influence the resolution of the issue of the insignificance of the act and suggests an original practical way to implement this approach in the form of legislative changes, which subsequently positively affect law enforcement practice and contributes to its uniformity. The main result of the study is a proposal to amend the current criminal legislation, in particular, it is recommended to amend Article 14 of the Criminal Code of the Russian Federation and add Part 3, which will meaningfully consolidate the above approach and thus bring judicial practice to uniformity.
Fis'kov I.A. - Definition and Structure of Crimes Associated with Illegal Use of Forests pp. 44-51

DOI:
10.25136/2409-7136.2019.4.29361

Abstract: The object of the research is the social relations arising in the process of ensurance of environmental safety in the Russian Federation and rational use of forests. The subject of the research is the criminal law provisions set forth by Articles 191.1, 226.1 and 260 of the Criminal Code of the Russian Federation. The aim of the research is to create a structure of crimes associated with illegal use of forests. The author of the article suggests that these provisions were included in the Criminal Code of the Russian Federation in order to ensure the rational use of forests and environmental safety of the Russian Federation. However, the legislator does not view them as an integral structure and these provisions are mentioned by different articles of the Criminal Code of the Russian Federation. This creates the need to carry out a more detailed analysis of these provisions and discover relations between them. The research is based on general research methods  (analysis, synthesis, generalisation, analogy and logical analysis) and special research methods (technical law, structured functional analysis, formal law analysis). The results of analyzing legal provisions of Articles 191.1, 226.1 and 260 of the Criminal Code of the Russian Federation prove that they have general goals and relate to one another. Based on the results of the analysis, the author gives his own definition of crime associated with illegal use of forests. He suggests that this definitino should be included in Chapter IX 'Crimes Against Social Security and Social Order' and Chapter 26 of the Criminal Code of the Russian Federation 'Environmental Crimes'. 
Ksendzov Y. - Finding the Best Procedure for Resolution of Private Prosecution Cases pp. 44-57

DOI:
10.25136/2409-7136.2019.7.30321

Abstract: The object of the research is the social relations arising in the process of criminal proceedings of private prosecution cases in the Russian criminal law. The subject of the research is the provisions of formerly effective Criminal Code of the RSFSR, currently effective Criminal Code of the Russian Federation and criminal procedure legislation of a number of foreign states. Based on the analysis of judicial practice, statistical data and other researches, the author of the article analyzes the procedure for legal investigation of private prosecution cases set forth by the Criminal Code of the Russian Federation, drawbacks and problems that arise in the process of resolution of such cases. In the research the author has used such methods as generalisation, observation, analogy, comparative law and historical law analysis. The main conclusion of the research is that the best practice in resolutino of private prosecution cases would be commissioning of a mandatory pre-trial investigatino stage. Compliance with a reasonable and well-balanced combination of private and public interests implies providing the private prosecutor with the right to continue criminal proceedings in the court including cases when the public prosecutor waives of prosecution. 
Teunaev A.S., Dubova M.E. - New perspective on qualitative and quantitative indicators of juvenile crime in Russia pp. 44-63

DOI:
10.25136/2409-7136.2021.2.34667

Abstract: The goal of this research consists in determination and analysis of the current trends of juvenile crime in Russia. The subject of this article is the basic patterns of juvenile crime identified by keeping track of its dynamics, modification and activity in Russia from 1991 to 2019, and classified by the authors into separate periods – “waves” in accordance with the “bursts” of such type of crime. It is underlined that the timely identification of factors and conditions that lead to the spate of criminal activity among juveniles in a specific time period allows preventing similar situations in future, as well as contributes to the development of an effective toolset for preventing deviant behavior of teenagers. The empirical basis of this research is comprised of the statistical reports on the state of juvenile crime in Russia that are posted annually on the official websites of the Ministry of Internal Affairs of Russia and the Prosecutor General's Office of the Russian Federation. The authors also lean on the fundamental Russian and foreign research dedicated to the problematic questions of preventing juvenile crime. In the course of studying statistical data that reflect qualitative and quantitative indicators of juvenile crime in Russia from 1991 to 2019, the authors determined five so-called “waves” of juvenile crime: I wave 1991-1997, II wave 1998-2002, III wave 2003-2012, IV wave 2012-2014, and V wave 2014-2019. Examination of media source, publicistic and scientific literature allowed revealing the most probable causes of the sharp increase in criminogenic situation in the juvenile environment. The article also reveals certain negative trends, such as the increase in the rate of grave and especially grave crimes committed by minors.
Mordovin P.S. - Definition and classification of crime for calculation of its social consequences (cost) pp. 44-59

DOI:
10.25136/2409-7136.2020.12.34836

Abstract: The scientific community still does not have uniformity with regards to the definition of crime, although this concept is crucial in criminology, without which the existence and development of this science is impossible. Crime is a multifaceted phenomenon; thus, its examination within the framework of a single science does not reflect all of the aspects. The author examines various existing approaches towards the definition of crime; analyzes the concepts of natural criminal and the counter-theories. The question of the immanence of crime is explored. However, it does not seem possible to determine the only reasonable viewpoint and deny the rational kernel of other approaches. The analysis of the existing concepts and approaches towards definition of crime once again demonstrates the controversy of the question. Therefore, the analysis of opinions allows concluding on the need for classification crime, including via specific understanding of this concept. Such classification sufficiently reflects the extent of current public awareness of the criminal law, while retaining semantic load from the perspective of criminology. It also prompts the development of research on the social consequences (cost) of crime, since namely this approach seems logical for calculation of the social consequences (cost) of crime.
Mironov R. - Social management technologies in the development of digital interaction between penal enforcement agencies and the police for the prevention of offenses by persons sentenced to criminal penalties without isolation from society pp. 44-63

DOI:
10.25136/2409-7136.2022.7.37375

EDN: AQHUPO

Abstract: In the article, as part of the improvement of social technologies in law enforcement, the mechanism of digital interaction between the penal enforcement system (hereinafter, the UIS) and the internal affairs bodies (hereinafter, the ATS) in the conditions of a modern network society and the expected transition of the domestic economy to its digital model is described. The purpose of the article is to study the organizational, managerial and technological capabilities between the services and divisions of the UIS and the Department of Internal Affairs for the detection, prevention and suppression of offenses by those sentenced to criminal penalties without isolation from society, the establishment of official and functional powers of employees of the criminal executive inspections of the UIS and the police of the Department of Internal Affairs. The objectives of the work are to determine the role of interaction between the services and divisions of the UIS and the ATS, to eliminate functional contradictions in order to improve supervision and control over registered persons and the organization of digital management to ensure security and law and order in the municipal and regional territory they serve. The article is prepared on the basis of an analysis of the norms of law, departmental normative legal acts, law enforcement and law enforcement practice of law enforcement agencies based on the provisions of the theory of social management, cybernetics, information analysis, digital information, the latest achievements in the field of interdisciplinary scientific research. The study uses general scientific and special legal means and methods of cognition that ensure the complexity of the organizational and legal study of the system of joint law enforcement activities. The novelty of the work is predetermined by the hypothesis about the network structure of society adopted as a basis. The relevance of the work is due to the course proposed by the President of Russia to build a digital economic system – as an urgent need to maintain the competitiveness of the domestic economy among the major economies of the global world order. In this regard, the developed mechanism of digital interaction of the studied bodies is an integral part of the digital economy, which in turn determines the mechanism for improving social technologies of public administration in the law enforcement sphere.
Batchaeva A.A. - A Principled Approach to the Reconciliation Procedure: Theory and Practice pp. 44-52

DOI:
10.25136/2409-7136.2022.12.39078

EDN: NXQESI

Abstract: The article examines the problems of regulation and implementation of the provisions of the law on reconciliation in criminal cases. The interrelation of the norms of the institute of reconciliation with a number of principles of criminal procedure law is substantiated and it is concluded that the institution of reconciliation of the parties does not fully comply with the purpose of criminal proceedings and its principles such as the protection of human and civil rights and freedoms and the presumption of innocence. In this regard, the article proposes changes that it is advisable to make to the criminal and criminal procedure law, as well as to the guidance clarifications of the Plenum of the Supreme Court of the Russian Federation to eliminate such contradictions. So we consider it necessary: in the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2013 N 19, to exclude the mention of the established guilt of the person against whom the criminal case is terminated in accordance with Article 25 of the Code of Criminal Procedure of the Russian Federation, and also to reflect the judgment that it is unacceptable for the law enforcement officer to allow formulations in the text of the resolution on the termination of the criminal case, indicating the proof of guilt the person against whom the decision to terminate the criminal case is made; from Articles 25, 213 of the Criminal Procedure Code of the Russian Federation, it is necessary to exclude an indication of the possibility of reconciliation with the suspect; part 2 of Article 42 of the Criminal Procedure Code of the Russian Federation should be supplemented with paragraph 4.1 of the following content "to reconcile with the suspect, the accused person in accordance with the procedure established by Article 25 of this Code"; paragraph 15 Part 4 of Article 47 of the Code of Criminal Procedure of the Russian Federation should be supplemented with the wording explaining to the accused the right to reconciliation in accordance with the procedure provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.
Gudkov A.P. - Fraud Object in the Sphere of Public Procurement pp. 46-52

DOI:
10.25136/2409-7136.2019.11.31611

Abstract: The subject of the research is the fraud object in the sphere of state and municipal (public) procurement. The aforesaid kind of fraud is not specially stated by the Russian Federation criminal law. Meanwhile, there is a great number of thefts committed in the sphere of public procurement and resulting in the loss of many millions from the budgets at different levels. For successful counteraction of such crimes, it is necessary, first of all, to define the object of aforesaid fraud and to describe specific features thereof. Another debatable issue of legal science is the question about the general object of crime. In his article Gudkov analyzes views of theorists and sources of criminal law in different historical periods as well as judicial practice in defining the object of crime including fraud and specific features of the sphere of public procurement. The main conclusions of the research are the following: - general, generic and specific fraud objects in public procurement and the main component elements of fraid are the same; - the main indirect fraud object in public procurement is the social relations that ensure inviolability of state and municipal property; - additional indirect fraud object in procurement is the social relations that ensure efficiency and good performance of the contract system in the sphere of procurement of goods, works and services for state and municipal needs. 
Yurishina E. - Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research) pp. 46-61

DOI:
10.25136/2409-7136.2020.4.32723

Abstract:   This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  
Kazanchev I.T., Dvortsov V.E. - Criminal and psychological and criminological approaches to the study of criminal behavior and personality of cadastral engineers pp. 47-59

DOI:
10.7256/2409-7136.2017.4.22354

Abstract: The research object is the personality of a cadastral engineer as a system set of properties with socially significant quality determinancy. The research subject contains the data about the manifestations of personality of cadastral engineers in their main field of activity – cadastral – and about socio-psychological and emotional-volitional qualities, legal behavior and behavior deviations. The paper is the result of multifactorial psychological and criminalistical approaches to the study of criminal behavior and personality of a cadastral engineer based on the reflection of individual and personal peculiarities of these persons. The authors apply the following methods: interviewing, observation, conceptual and psychological analysis, analysis of practical results of the activities. The psychological diagnostics of the peculiarities of personality is based on the testing results. Besides, the authors use one-dimensional and multidimensional methods of statistical analysis, and modeling. The authors are the first to carry out the complex criminal and psychological and criminological analysis of a personality of a cadastral engineer. Based on the acquired research results, the authors formulate theoretical provisions about the personality of the objects of study. The research is significant for theoretical substantiation of the set of measures of prevention of crimes in cadastral activities, and for crimes investigation in this sphere. 
Smirnova K.V. - Criminal Law Characteristic of Petty Theft (Article 158.1 of the Criminal Code of the Russian Federation) pp. 47-54

DOI:
10.25136/2409-7136.2019.6.29811

Abstract: The aim of the research is to analyze criminal law characteristic of Article 158.1 of the Criminal Code of the Russian Federation as well as the need to implement provisions of aforesaid article in practice. The subject of the research is the criminal law characteristic of Article 158.1 of the Criminal Code of the Russian Federation, in particular, objective and subjective features of this crime structure based on the analysis of opinions of experts in criminal law. The object of the research is the social relations that arise as a consequence of petty theft by an individual subject to administrative punishment. In her research Smirnova has applied general research methods such as analysis, synthesis, deduction, analogy, classification, summary of research data, etc. Methods of special sciences included comparative law analysis, technical legal method and regulatory analysis. The scientific novelty of the research is caused by the fact that Smirnova discovers social dependence of criminal responsibility for the commitment of petty theft that is closely related to historical processes, the need to criminalize petty theft committed by an individual who had been earlier subject to administrative sanctions. Moreover, Smirnova analyses criminal law characteristic of this kind of crime in relation to practical implementation of associated laws and regulations and studies objective and subjective features of petty theft. The author focuses on peculiarities of criminal law characteristics of the corpus delicti and establishment of administrative prejudice in the criminal law.
Verenich I.V. - Formation of stages of the mechanism of corruption crimes: obstruction of investigation pp. 48-53

DOI:
10.25136/2409-7136.2021.1.34859

Abstract: The subject of this research is consideration of the questions of formation of the mechanism of corruption crimes and obstruction of investigation thereof. The author examines the elements of the stage-by-stage formation of corruption crimes: initial stage, main stage, and final stage (result of committing an offense).  The subject of crime is defined as a special subject with administrative or other powers in accordance with the law. The author reviews various methods of corruption crimes and the attributes of misfeasance; as well as determines the key distinguishing feature of corruption crimes – use of powers or position by an official, etc. The main conclusion consists in the statement that the problems of obstruction of investigation are common to investigation of corruption crimes, which is explained by the fact that the detection of this type of offenses ant subsequent investigation pertains to special subjects. This poses a separate, independent task of overcoming obstruction of investigation and application of different methods of overcoming. Analysis of the practice demonstrates that penal sanctions for such crimes are imposed at the lowest possible sanction of the criminal article, and in some cases –  a suspended sentence; there is evidence of not only investigative and judicial errors, but also instances of investigative and judicial arbitrariness. This results in non-application of penalties to the offender, and the worst part – prosecuting the innocent. The examined materials on corruption crimes confirm the fact of obstruction of investigation in virtually every case, which presses the need for the development of forensic doctrine on overcoming obstruction of investigation.
Novozhilov S.S. - The highest position in the criminal hierarchy: problems of application of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation pp. 48-57

DOI:
10.25136/2409-7136.2022.4.37807

Abstract: The article highlights the main problems associated with the implementation of criminal responsibility for occupying the highest position in the criminal hierarchy, special attention is paid to issues related to the definition of "a person occupying the highest position in the criminal hierarchy". At the same time, the author notes that the Criminal Code of Russia does not disclose the key concepts used in the disposition of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation, at the same time indicating that these concepts are also not contained in the current Resolutions of the Plenum of the Supreme Court of Russia. The author identifies the main problems that reduce the effectiveness of law enforcement of Part 4 of Article 210 and Article 210.1 of the Criminal Code of Russia. The main conclusions of the study are the need to improve Part 4 of Article 210 and Article 210.1 of the Criminal Code of Russia. In this connection, it is proposed to introduce a legislative definition of "a person occupying the highest position in the criminal hierarchy" in the form of a note to Article 210.1 of the Criminal Code of Russia, by analogy with a note to Article 285 of the Criminal Code of Russia. In addition, the author suggests possible ways to solve the identified problems related to the implementation of Part 4 of Article 210 and Article 210.1 of the Criminal Code of Russia, in particular, it indicates the need to adopt a Resolution of the Plenum of the Supreme Court of Russia on the application of these articles and the adoption of the Federal Law "On Combating Organized Crime".
Efimovskii A.V. - The origins of hacktivism and criminal legal counteraction to its manifestations pp. 48-58

DOI:
10.25136/2409-7136.2023.12.69371

EDN: DVBMBD

Abstract: The article comprehensively examines cybersecurity issues, as well as the origins and principles of hacktivism, and gives their definitions. The tools used by hacktivists in their destructive activities are examined and their classification is presented. The criminal legal characteristics of the types of crimes used by hacktivists when carrying out cyber attacks are determined. The importance and necessity of proper measures to overcome the phenomenon of hacktivism is presented. The existing criminal legal methods of countering manifestations of hacktivism, available in Russian criminal legislation, are analyzed. Measures to counter IT threats of an organizational and technical nature are proposed. The topic under study requires further collection and processing of empirical material in order to identify new methods of committing cyber attacks on critical infrastructure and developing new approaches to combating this type of crime, ensuring uniform practice. Hacktivism is a new phenomenon in the IT environment. Hacktivism does not imply material benefit from the acts committed, which makes it difficult to classify and differentiate from related groups. Thus, a scientific interpretation and elaboration of a unified conceptual apparatus is required to ensure a uniform practice of identifying and countering this type of socially dangerous acts. The article concludes that the methods practiced by hacktivists when carrying out cyber attacks are described and have their own qualifications in the criminal legislation of the Russian Federation. However, it must be taken into account that attacks are often carried out from the territory of other countries and the groups themselves are transnational. Therefore, to successfully counter these destructive phenomena, it is necessary to develop international cooperation in law enforcement and unify responsibility for such acts. Countering hacktivism requires a comprehensive approach that includes legal, technical and social components.
Komarov A.A. - On the Issue of Feminization of Crime pp. 49-64

DOI:
10.7256/2409-7136.2016.1.17189

Abstract: The research object is the phenomenon of female criminality in contemporary Russia. The author analyzes the dynamics of female crime since the adoption of the current Criminal Code of the Russian Federation. The author reveals qualitative and quantitative characteristics of female crime in the contemporary society. The author pays attention to feminism and its analogue in the criminal sphere. The main research thesis is the assumption that, taking into account the increase of women’s social activity in all spheres, their criminal activity also should increase. Moreover, there should exist a special movement for women’s “rights” in the criminal sphere. The research methodology is based on various social theories about the increasing role of women in different social processes. On this basis the author carries out statistical analysis of the data on the condition of criminality in Russia. The study confirms the thesis about the peculiarities of women’s socialization mechanism which prevent their involvement in the sphere of marginal criminality. The author supposes that this phenomenon is a result of the system of values which form the basis of the traditional patriarchal society. These factors restrain female criminality. The author points out the negative consequence of feminism which equalizes women in rights with men in their social roles, thus making female crime similar to male crime. 
Prostoserdov M.A. - On violation of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation pp. 49-58

DOI:
10.25136/2409-7136.2021.4.35011

Abstract: This article provides the results of research of the system of sanctions of the Special Part of the effective Criminal Code of the Russian Federation. The object of this study is the social relations arising in temrs of infliction of criminal punishment. The subject of is sanctions of the norms of the Special Part of the effective Criminal Law of the Russian Federation. The goal consists in identification of flaws in establishment of such sanctions, substantiation of the negative impact of these flaws, and development of recommendations for their eliminations. Particular attention is given to the rules for establishment of sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, namely the procedure for the transaction punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation and consequences of violating this order. The scientific novelty of this research consists in identification of violations in the sanctions of norms that have recently come into legal force. The author also determines the violations that create internal contradictions within the effective criminal law. The three groups of violations of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation on various grounds have been distinguished. In the course of this study, the author detected fifteen violations of the rules for establishment of the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation, as well as offered solutions for their eliminations. The acquired results are of practical significance and can contribute to the improvement of the Russian criminal law.
Panteleeva E.V. - The concept of innocence in criminal procedure pp. 49-58

DOI:
10.25136/2409-7136.2021.10.36769

Abstract: The concept of “innocence” is an important category of criminal proceedings; alongside the concept of “guilt”, it is the central question resolved in the course of proceedings in criminal cases. However, this term remains poorly studied in theory and legislation. The article examines the instances, in which the concept of “innocence” is used in the text of the current criminal procedure law. Analysis of the norms of the Code of Criminal Procedure of the Russian Federation that establish the circumstance in proof, regulate the questions of rendering verdict by jurors and court sentence, as well as prescriptions of the Criminal Code of the Russian Federation, reveals a number of issues related to the normative theory of innocence. The comparative study conducted on the Articles 73, 299, 339, 302 of the Code of Criminal Procedure of the Russian Federation allows detecting contradictions in the scope of the concepts of guilt and innocence used therein. The author distinguishes between the factual and legal understanding of innocence, as well as substantiates the need for the existence of its specific type – presuming innocence. The arguments are advanced for the possibility of declaring the defendant not guilty based on the acquittal of the jury. For enhancing legal certainty, the author offers the original concept of innocence. The conclusion is made that the issues associated with the normative theory of innocence cause difficulties in law enforcement, and their resolution may affect the accuracy of establishing circumstances in proof, as well as the final court decision.
Polikarpova O.S. - Improving the procedural status of a suspect by modernizing the grounds for its occurrence pp. 49-57

DOI:
10.25136/2409-7136.2024.2.69584

EDN: XHKKTL

Abstract: The article analyzes the formation and development of the grounds for introducing a specific person into the status of a suspect. The arguments of the processualists regarding the grounds for its occurrence provided for by the current Code of Criminal Procedure of the Russian Federation, recognized by both the majority of scientists and the author as rather controversial, creating difficulties in law enforcement, are investigated. Attention is focused on the importance of modernizing the grounds for introducing a person into a procedural status that generates personalized criminal prosecution, due to the need to improve the institution of suspicion in modern criminal proceedings. The author uses a historical method to identify the moment of formation and track the development of the grounds for the emergence of the procedural status of a suspect in criminal proceedings of the Soviet and modern periods. It is stated that it is necessary to reduce the grounds for the appearance of the procedural figure of the suspect to a single one, unifying it for all forms of preliminary investigation, implementing the exemption of the decision to introduce a person into the status under investigation from correlation with coercive measures, due to the primacy of suspicion. A special contribution of the author is linking the importance of the priority of suspicion over coercive measures with the complication of the proof process due to the improvement of crime, as well as the number of crimes that oblige their investigation in a form that entails the impossibility of applying a notification of suspicion as a basis that meets the requirements of the priority of suspicion. The novelty of the study consists in a proposal entailing an increase in the procedural significance of the suspect and bringing the provisions of the criminal procedure law in line with modern trends.
Zhidkikh A.A. - Participation of prosecution in guaranteeing constitutional lawfulness in the process of legislative formation in the Russian Federation. pp. 51-63

DOI:
10.7256/2305-9699.2013.11.9685

Abstract: The article is devoted to participation of the prosecution in guaranteeing of constitutional lawfulness in the process of legislative formation in the Russian Federation. The article concerns a number of aspects of these prosecutor activities. The author analyzes the term lawfulness in its broad and narrow meanings, its correlation with international law and its value within the law-making activities in the Russian Federation. The author also studies the lawfulness guarantees  in the law-making by various state bodies. The author evaluates the input of prosecutors into protection of constitutional lawfulness within the process of formation of a positive law system of the Russian Federation, as well as the use of prosecutor control against violations of constitutional lawfulness in the law-making process.  The author also discusses direct participation of prosecution in the law-making activities of the state government and municipal bodies. The author then points out the value of prosecutor activities in eliminating corruption-generating factors in the sphere of legislative drafting, and analyzes the topical issues of implementation of such prosecutor activities.  One of such topical issues is elimination of contradictions with the Constitution of the Russian Federation from the drafts of normative legal documents.
Kabanov P.A. - Corporate victims of Russian criminality: criminological analysis of victimological statistics for 2009-2013 pp. 52-70

DOI:
10.7256/2409-7136.2015.3.14420

Abstract: The object of the research are corporate victims (legal entities).The aim of the research is to identify the trends within Russian criminality which characterize its negative consequences for legal persons during the period from 2009 to 2013 on the basis of official victimological statistics.The research objectives are: a) description of the general trends characterizing quantitative changes in crimes committed by legal entities; b) description of trends within particular types of crimes related to damnification to legal entities; C) predicting the changes in corporate victimization in the nearest future.The methodology of the study is based on dialectical materialism and the general scientific methods: analysis, synthesis, comparison, and others. The scientific novelty of the research consists in the fact that for the first time in Russian forensic science the author investigates the phenomenon of corporate victims using the official statistics and describes the main trends of negative consequences for legal entities caused by different types of crime. This study allows launching the formation of Russian corporate victimology as a particular victimological theory.
Lutsenko N.S. - Criminal Institution of Judicial Fine in a Number of Foreign States pp. 52-60

DOI:
10.25136/2409-7136.2019.4.29386

Abstract: The article is devoted to comparison of legislations in a number of foreign states (Republic of Belarus, Republic of Moldova, Republic of Kazakhstan, Republic of Lithuania, Kyrgys Republic, etc.) in order to discover institutions that would be similar to the institution of judicial fine. The object of the research is the social relations arising as a result of relief from criminal responsibility (decision not to prosecute) accompanied with infliction of compulsory payment to the government's budget on a liable person. The subject of this research is the criminal and procedural laws of foreign states. The aim of the research is to discover legal instituations similar to the institution of judicial fine used by foreign states and to carry out their comparative analysis as well as to describe areas to be improved. The methodological basis of the research includes general and special research methods such as analysis, synthesis, comparison, generalisation, comparative law, formal law analysis and systems approach. The scientific novelty of the research is caused by the fact that the researcher discovers laws similar to those that were issued in the Russian Federation in 2016 about the institution of judicial fine as well as proposes areas of improvement of these laws. As a result the research, the author finds similar institutions in a number of foreign states. In order to improve associated legal provisions, the author suggests to eliminate certain gaps in the law regulating judicial fine taking into account the experience of the foreign states. 
Garipova K.V. - Peculiarities of civil claim and calculation of compensation for emotional harm in cases involving medical aid pp. 52-62

DOI:
10.25136/2409-7136.2020.11.33598

Abstract: This article is dedicated to the specificity of filing a civil claim and calculation of compensation for emotional harm in criminal proceedings regarding the improper performance of medical personnel, for illustrating the amounts awarded by the courts of the Russian Federation and analyzing the compensation calculation procedure. The author carries out historical-legal and comparative-legal analysis of the institution of compensation for harm to the aggrieved party in Russia and foreign countries. The goal of this study consists in development of the concept of compensation for harm caused by improper performance of medical personnel that would require the current public needs. The article employs the universal dialectical, logical, formal legal, comparative-legal, and hermeneutic methods. The subject of this research is the norms of the criminal procedural and civil legislation that regulate the questions of compensation for harm in cases involving medical aid. Description is given to the methods of calculation of compensation offered by various representatives of legal science throughout the entire national history. The article is one of the first attempt to analyze compensation for harm within the framework of criminal cases involving medical aid. The conclusion is made that the courts of the Russian Federation award measly compensations.
Raskina T.V. - The Prosecutor's Office in the System of Prevention of Law Violations pp. 53-60

DOI:
10.25136/2409-7136.2018.1.24029

Abstract: The subject of the research is the place and role of prosecutors in prevention of law violations including crimes. The purpose of the research is to reveal the content and directions of realization of the preventive potential prosecutorial activities, and to justify the place of the Prosecutor's Office in the system of prevention subjects. The author of the article analyzes legal acts and regulatory documents of the General Prosecutor of the Russian Federation including that in the historical context governing the participation of the Prosecutor in the prevention of law violations. The author has studied the way prosecutors prevent law violations and use modern methods of comunicating with the public. The monitoring of regulatory legal acts, content analysis of newsletters, memos and other prosecutors documents, statistical and comparative analyses were used during the research. The conclusion is that prosecutor's office takes an important place in the system of subjects preventing law violations. The author of the article also emphasizes the need to improve legal, information, methodological, and research support of prevention of law violations by the Prosecutor's Office and adopt a special regional order concerning the General Prosecutor of the Russian Federation. 
Zaitseva O.V., Dekhtyar' I.N. - The Mechanism of Subordinate Individual Legal Regulation of Crime Prevention Activities pp. 54-64

DOI:
10.25136/2409-7136.2023.1.39216

EDN: BNBAJH

Abstract: The study is devoted to the scientific analysis of the elements of the mechanism of subordinate individual legal regulation of activities to ensure the criminological security, in order to determine the conceptual foundations of the scientific understanding of this mechanism. The work was carried out on the basis of an interregional empirical study, which includes: a case study of acts of exercising rights and obligations in the field of crime prevention, interviewing law enforcement officers, as well as a content analysis of court decisions on administrative claims on appealing actions (inaction) and decisions of crime prevention subjects. The relevance of the topic is evidenced by the presence of problems of law enforcement due to shortcomings of regulatory legal acts regulating the activities for the prevention of offenses. The paper contains proposals for improving legislation in the aspect of individual preventive legal regulation. For the first time in criminology, a systematic analysis of the structural elements of the mechanism of subordinate individual legal regulation of crime prevention activities was carried out. The authors came to the conclusion that these should include: the object and subject of individual legal regulation; legal fact; method of individual legal regulation; technologies of regulatory law enforcement; individual legal means. New data have been obtained on criminological law enforcement technologies, in particular, on the use of mediation technology in preventive activities. The paper contains proposals for improving legislation in the aspect of individual preventive legal regulation.
Ivashchenko V.V. - On the Expediency of Introducing Criminal Responsibility for Inciting Suicide or Assisting Suicide: a Critical Analysis and Suggestions for Improving the Law pp. 54-69

DOI:
10.25136/2409-7136.2023.10.39352

EDN: CIXUYV

Abstract: In this article, the author examines the issues of historical, social and legal conditionality of introducing criminal liability for inciting suicide or assisting suicide in the Criminal Code of the Russian Federation, analyzes the objective signs of the main offenses, including from the point of view of using legal techniques. A comparative study of methods of inciting suicide (Article 110 of the Criminal Code of the Russian Federation) and inducing or facilitating suicide (110.1 of the Criminal Code of the Russian Federation) is being carried out. The problems of correct qualification and differentiation of the specified components of crimes are revealed, as a result of which the problems of law enforcement activities are critically assessed. When writing a scientific work, the author used dialectical, logical, statistical, hermeneutic, formal legal, historical and legal research methods. The degree of study of the problems raised in the article is represented by scientific research of such figures of law as Ustinova T.D., Artyushina O.A., Filippova S.V., Eliseeva N.M. and others. Based on the results of the study, the author comes to conclusions about the spontaneous nature of the adoption of legislative amendments to the criminal law, the insufficient elaboration of the provisions in terms of the rules of legal technique. It is concluded that the differentiation of competing elements of criminal acts occurs according to the signs of the objective side, namely, based on the method of committing illegal acts. The novelty of the study is expressed in the author's proposals for reforming and improving the criminal law regulation of the crimes in question. Based on the results of the analysis, the author of this study proposes to reform the existing version of Article 110.1 of the Criminal Code of the Russian Federation, providing for changes that will make it possible to more effectively apply these provisions of the law in practice.
Danilov P.S., Senokosova E.K. - A new period of evolution of the system of crimes against military service pp. 54-70

DOI:
10.25136/2409-7136.2023.7.43482

EDN: SPISZE

Abstract: The object of the study is the system of crimes against military service, as determined both in the current criminal law and in domestic criminal laws that have lost their force, as well as the system-forming criterion for its construction in the form of time and the situation of the objective side of crimes against military service. The purpose of the study is to establish that the specified criterion for constructing a system of crimes against military service in certain periods of the development of the national state and law had a direct impact on the structure of the system under study. The relevance of the study is connected with the need to solve the problems of protecting relations that develop in connection with the passage (carrying out) military service. The research is based on a systematic approach, as well as proven general scientific and private scientific methods. The novelty of the study lies in the fact that the norms of the criminal law on crimes against military service are studied from the point of view of a systematic approach. The authors continue to consider these norms precisely as a system, that is, a certain model, which is based on the criteria for its construction (system-forming criteria). The study of domestic sources of criminal law and an extensive list of scientific literature made it possible to establish that the criterion of constructing the objective side of the system of crimes against military service in the form of time and situation influenced its structure, but at present it is excluded, which allows us to state the beginning of a new period of its evolution, opening the "doors" for novelties of criminal legislation as in parts of the norms on crimes against military service, as well as other provisions of the criminal law. The study may be of interest both for scientists studying the problems of criminal liability for crimes against military service, and for representatives of the legislative branch of government in the Russian Federation.
Batyutina T. - Interaction of criminal and civil law in the context of their conceptual nature pp. 55-60

DOI:
10.25136/2409-7136.2017.11.24549

Abstract: The author analyzes the popular topic of penetration of private principles into public law and public principles into private law. On the basis of doctrinal sources and her own arguments, the author resists such a presentation of a problem. Using the examples of criminal and civil law, the author describes the cases of interaction between these branches of law. In the attempt to prove that there are no mixed public-private institutions, the author states that even the institution of public-private partnership is actually public. The author analyzes doctrinal sources. From the position of the system approach, public and private branches of law are seemed as integral components of the system of contemporary Russian law. The author insists that it is possible to speak about the connection, mutual communication, but not about the mixture or confluence of criminal and civil law. The connection between them does exist objectively, while the manifestations of this connection, their technical and legal formalization in the description of the composition of crime in the text of the Criminal Code are created, changed and terminated by the legislator. It is possible to predict the occurrence of new legal rules and methods, which would reflect the connection between the provisions of different branches of law. 
Bakradze A.A. - The problems of determining of theft with materially defined crime elements. pp. 56-65

DOI:
10.7256/2305-9699.2013.4.609

Abstract: The author of the article provides analysis of theft according to the current legislation in order to establish whether it is rightfully construed as a materially defined crime. In the opinion of the author the moment when a person guilty of theft  gains a real opportunity to use and dispose of stolen property as his own needs clarification, and he offers subjective and objective criteria for it. Having concluded that the moment when the crime of theft is completed may be far away from the moment when the property is taken or used by a guilty person or by the third parties in connection with material damage to the victim, and the author offers to exclude this element from the determining elements of crime of theft, and recognize it as a formally defined crime.  In the opinion of the author such an approach shall allow to achieve compliance with the principles of lawfulness and unity of investigative and judicial practice when dealing with the issue of the completion of a crime committed by theft. It shall also facilitate better criminal law protection of property, since the moment, when the crime is committed shall be moved to an earlier stage - to the moment when the property was seized separately from the issue of material damage. It shall also allow to deal with some issues of crime determining regarding consumer quality of such property (the property that can be consumed, and the property that cannot be consumed), and theft from guarded territories, lowering the number of victims on criminal cases with respect to situations, when recognition of victims is formal and is not truly necessary. Finally, it shall allow correct determination of one continuining crime when a guilty person was caught before the last of series of similar criminal episodes was completed.
Sapparov R.R. - The Subject of Crime in Bankruptcy Pursuant to the Criminal Code of the Russian Federation pp. 57-61

DOI:
10.25136/2409-7136.2018.5.26273

Abstract: The article is devoted to the issue of the subject of crime in bankruptcy based on the Criminal Code of the Russian Federation. Sapparov focuses on the analysis of peculiarities of the special subject of crime. He underlines that 1) the criminal law doctrine traditionally has a unified understanding of special features of bankruptcy crime based on the Criminal Code of the Russian Federation; and 2) the theory of criminal law generally demonstrates unsatisfaction with the quality of description of special subject features in bankruptcy based on the Criminal Code of the Russian Federation. In the course of his research the author has used the following research methods: general research methods (induction, deduction, analysis and sythesis) and special research methods (formal law, and sociology methods). As a result of his research, the author makes a conclusion that the Russian criminal law establishes three approaches to the description of feature sof a special subject of bankruptcy crime. These are: reference to a particular list of special subjects of bankruptcy crime; reference to a special subject of crime based on its legally enforced responsibility as a result of bankruptcy; limitation of a list of special subjects of bankruptcy crime according to the law that implies that a wrongdoing may be performed only by a limited scope of people. 
Dolgikh I.P., Shebanov D.V. - On the issue of criminological validity of some illegal acts pp. 58-68

DOI:
10.7256/2409-7136.2015.5.14580

Abstract: The article is devoted to one of urgent problems of modern Russia - the issue of criminological validity of certain illegal acts, both criminal and violating the norms of administrative law.The object of the study is the mechanism of influence of the complex of criminological knowledge on the state and development of criminal law and administrative law of torts. The subject of the research consists of domestic and foreign regulations of criminal and administrative law and adjacent branches of law (penitentiary, criminal procedure, administrative procedure) and of specific empirical research conducted by the authors and by other lawyers. The methodology of the research includes the complex of the general scientific and special methods of the social-legal reality cognition. The dialectical method is the main method allowing consideration of the subject and the object of the research in the completeness of their manifestations, taking into account the contradictions and the consequences of their settlement in the process of quantitative changes transition into qualitative ones. The authors use the logical-legal, the historical-legal methods, the method of comparative jurisprudence, the system-structural approach, content- and statical-analysis, and the methods of criminological research. The scientific novelty of the study lies in the fact that it is the first attempt in the conditions of fundamental renewal of criminal law and administrative law of torts to develop the integral concept of criminological determination of two adjacent branches of law - criminal and administrative. Thus the authors have initiated complex development of a new branch of domestic criminology. Special attention is paid to the emerging institution of exemption of administrative liability in Russia. 
Filimonov A.A. - On the issue of the correction of persons sentenced to the deprivation of right to occupy certain posts or to engage in certain activities pp. 58-67

DOI:
10.7256/2409-7136.2016.9.20071

Abstract: The author considers law enforcement aspects of the deprivation of right to occupy certain posts or to engage in certain activities. The author pays attention to the importance of officially consolidated criteria (respect for a person, the society, labor, regulations, rules and traditions of the society) of the correction of the sentenced for their further resocialization. The author notes that in order to form the abovementioned features during the service of sentence, it is necessary to take into account the individual characteristics of the sentenced, particularly the demographic, social, criminal, penal and others, and their formed attitude to the rules, norms and traditions. The author applies the formal logical method, the system analysis, comparative jurisprudence, questioning, interviewing, polling and the statistical method. The author concludes about the necessity to formulate the part 1, article 9 of the Correctional Code of the Russian Federation in the following way: “The correction of the sentenced persons is the instillation of respect for a person, the society, labor, legal regulations, morality and other social norms, rules and traditions of the society, aimed at the provision of law abiding behavior and the achievement of the goals of criminal sentence. The correctional impact on the sentenced should take into account his individual demographic, criminal, penal and other characteristics. The administration of the correctional facility applies the measures, prescribed by the penal legislation, stimulating the law abiding behavior of the sentenced person”. 
Ershova K.A. - Questions about Applying Administrative and Criminal Responsibility for Atmospheric Air Pollution (the Case Study of the Sverdlov Region) pp. 58-67

DOI:
10.25136/2409-7136.2019.7.30498

Abstract: The article is devoted to legal responsibility for committment of environmental crimes including atmospheric air pollution. Ershova also touches upon unsolved issues of criminal capacity of a legal entity. Solutions of these issues have a direct impact on efficiency of environmental crime prevention. Thus, the object of this research is the administrative and criminal law provisions that impose responsibility for atmpospheric air pollution. In her research Ershova analyzes judicial practice in resolving cases about air pollution and examines associated administrative and criminal law decisions. The researcher underlines the heterogeneity of judicial practice in different parts of Russia. In the course of her research Ershova has applied general research methods such as analysis, systematization and extrapolation as well as special research methods. The novelty of the research is caused by the fact that the author analyzes inter-industry relations associated with protection of atmospheric air taking into account regional specific features. Ershova describes what causes difficulty bringing individuals guilty in atmpospheric air pollution to criminal responsibility. She proves that currently used administrative measures are inefficient and offers her own concept of grounds and limits of bringing companies to criminal responsibility. 
Titov S.N. - On implementation of the Institution of criminal misconduct and the prospects for its extension to offences against intellectual property pp. 58-64

DOI:
10.25136/2409-7136.2021.3.35180

Abstract: This article analyzes the draft law on implementation of the institution of criminal misconduct into the criminal legislation that was submitted to the State Duma upon the initiative of the Supreme Court of the Russian Federation. The author traces the history of the problem, difference between the new and the previous draft law, which has received a negative response from the Government of the Russian Federation, and thus has not been implemented. The newly introduced institution viewed from the perspective of cross-sectoral competition, systematicity of criminal legislation, terminological accuracy, adequacy of sanctions for different types of offenses, correlation between the institution of criminal misconduct and the institution of exemption from criminal liability. The author also raises the question on the impact of implementation of the new institution upon the workload of law enforcement and judicial branches. The following conclusions were made: the institution of criminal misconduct would extend the chain of concepts that cannot be clearly defined: crime – minor misconduct – criminal misconduct – administrative offence; such institution violates the system of sanctions for unlawful acts, as the sanctions  for most criminal misconducts are milder than for administrative offenses. The authors of the draft law underline the effectiveness of the norms on minor misconduct, administrative prejudice, and exemption from criminal liability, without clarifying the goals that cannot be achieved by these existing instruments. Most likely, the new institution would require increasing the workload of judges. The draft law violates the systematicity in establishing liability for infringement of intellectual property rights. It is recommended to include in the draft Paragraph 4 of the Article 15.1 of the Criminal Code of the Russian Federation reference to the Part I and Part II of the Article 146, and Part I of Article the 147 of the Criminal Code of the Russian Federation. The conducted research allows concluding that the draft law does not have sufficient criminological and criminal-legal scientific substantiation.
Koryakina Z.I. - Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure pp. 59-72

DOI:
10.25136/2409-7136.2019.10.30926

Abstract: In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense. 
Isaeva K.A., Abdukarimova N.E., Seilkhanova S.A. - The Main Factors that Determine Commitment of Particular Crimes by Organized Crime Groups in the Kyrgyz Republic pp. 61-70

DOI:
10.25136/2409-7136.2018.1.23913

Abstract: The aim of this article is to define the most significant determinants that activate organised crime and spread of criminal business under modern socio-political environment of the Kyrgyz Republic. The subject of the research is particular crimes committed by organised crime groups in the Kyrgyz Republic taking into account new social and legal realities. For this purpose, the authors focus on specific features and conditions that are typical for Kyrgyzstan and aggravate such social phenomena as drug business, targeted killing, economic crimes, and kidnapping. The authors also describe the main trends that will continue to activate organised crime in the aforesaid spheres. The authors carry out an integral research of particularities of interaction between crime groups of Kyrgyzstan, their functions, causes and conditions, and means or methods chosen by these groups to achieve their goals depending on the situation in the republic such as political events that have been taking place since 2004. The authors describe the relationship between organised criem and state authorities officials that has led to the growth of targeted killing, kidnapping, economic and drug business crime. The results of the research are based on diversified analysis of factors that have triggered development of organised crime and expanded their activity over the last decade. Thus, the authors describe specific determimants that encourage the growth of crime in particular spheres of social relations in the country as well as the change in the structure of modern organised crime. These results can be of interest for scientists and practical experts when preparing and choosing crime preventive measures. Moreover, the results complete criminological and forensic researches and can be used to achieve certain targets and goals of research. 
Sungurova E.D. - On the need to amend the sanction of the Article 235 of the Criminal Code of the Russian Federation “Unlawful practice of medical and pharmaceutical activity” pp. 61-73

DOI:
10.25136/2409-7136.2021.7.36047

Abstract: The study of educational, monographic, and other specialized literature testifies ti the fact that questions of imposition of penalty for committing an offence stipulated by the Article 235 of the Criminal Code of the Russian Federation have not been comprehensively examined. This article analyzes the practice of imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation. The object of this research is the social relations arising in the context of imposition of penalty for unlawful practice of medical and pharmaceutical activity. The subject of this research is the sanction of the Article 235 of the Criminal Code of the Russian Federation. The author considers the coercive measures applied to persons found guilty of committing an offence under the Article 235 of the Criminal Code of the Russian Federation. The acquired results contain scientific novelty and practical significance, and can be used for improving the criminal law. The author determines the following relevant issues associated with imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation: high instance of inflicting a fine as a form of punishment; absence of practice of imposition of punishment in form of restriction of freedom or forfeiture to hold certain posts or carry out particular activity. The makes recommendations for improving the sanction of the Article 235 of the Criminal Code of the Russian Federation, taking into consideration the analysis of the legislation of CIS countries and domestic law enforcement practice.
Kukharuk V.V. - Dangerous influences upon the psychic functions of a person and the problems of their criminal law regulation. pp. 64-82

DOI:
10.7256/2305-9699.2013.5.783

Abstract: The author provides his classification of the substances, which are dangerous for the health of the population under Ch. 25 of the Criminal Procedural Code of the Russian Federation, based upon the criterion of subjective attitude of a person to the possibility of poisoning with them.  Taking narcotic analogues, the author shows that the primitive adoption of foreign legislative norms for the improvement of the existing criminal legal construction at times makes their practical implementation impossible.  The author supports an idea of developing a more reliable criminal law mechanism in order to guarantee health security of the population in the sphere of unlawful production (construction) of psychoactive substances, which formally do not fall within the closed lists of narcotic substances, such as ("designer" drugs), use of technologies of changing the structural position of atoms within a molecule in order to provide substances with psychoactive qualities, cultivation of narcotic-containing plants based upon the revolutionary achievements in the sphere of agricultural selection; dangerous influence on a brain (such as acoustic influence) in order to achieve a narcotic effect ("digital drugs").
Yanchurkin O.V., Kamchatov K.V., Zhuravleva A.S. - Prosecutor supervision over procedural activities of inquiry and preliminary interrogation bodies in criminal cases on human trafficking. pp. 64-77

DOI:
10.7256/2305-9699.2013.11.9839

Abstract: The article concerns topical problems regarding prosecutor supervision over the procedural activities of inquiry and preliminary interrogation bodies in criminal cases on human trafficking. The authors analyze practice of prosecutor supervision in this sphere, as well as international documents and statistical data.  The article contains examples of investigation of criminal cases within the above-mentioned category, and possible measures for improvement of efficiency in the sphere of prosecution control and current legislation of the Russian Federation and the CIS against human trafficking.  The authors propose to have joint by-law by the law-enforcement bodies of the Russian Federation defining the list and elements of crimes in the sphere of human trafficking alike to similar lists on extremist and corruption-related, and terrorist crimes. In the interests of the law-enforcement bodies of the CIS Member States there is need to form a joint forensic database. Finally, in order to guarantee unhindered operative (including international situations) participation of victims in criminal judicial proceedings there is need to widen the scope of digital technologies in criminal proceedings, such as video-conferences, SMS, Internet-telephony, electronic signatures, information and consultation websites with the access only to victims and their representatives, etc.
Ershova K.A. - Issues of application of administrative supervision of legal entities pp. 64-72

DOI:
10.25136/2409-7136.2022.7.38477

EDN: AVTKZZ

Abstract: The article examines certain issues of criminal liability of legal entities and unresolved issues of countering crimes committed both before the facts of illegal activity are revealed and after the subject to criminal responsibility declared guilty. The effectiveness of countering environmental and economic crime depends on solving the problem of preventing repeated crimes. The object of the study of this article are the norms of administrative and criminal legislation that establish the concept and signs of multiple crimes, as well as administrative supervision of persons convicted of committing a crime and responsibility for evading administrative supervision. The work examines the norms of criminal and administrative law. The analysis of situations requiring resolution at the legislative level is carried out. The ways of improving the current criminal and administrative legislation are proposed. To prepare the article, both general scientific research methods, including analysis, systematization and extrapolation, and special methods of cognition were used. The novelty of the research lies in the construction of concrete proposals for the development of the institution of criminal liability of legal entities and the prevention of their recidivism. The paper emphasizes the need for the execution of court decisions and suggests ways to achieve it. The measures aimed at improving the corporate policy of a legal entity are described. The paper substantiates the need to apply administrative supervision measures to legal entities as a way to protect violated rights.
Mordovina A., Mordovin P. - The Mediator Figure in Bribery at the Complicity Institution pp. 67-71

DOI:
10.25136/2409-7136.2018.6.26330

Abstract: The subject of the research is the provisions of the Criminal Code of the Russian Federation that regulate participation in crime commitment (Article 33 of the Criminal Code of the Russian Federation) and sets forth responsibility for complicity in bribery (Article 291.1 of the Criminal Code of the Russian Federation). Based on the example of bribery, the authors of the article analyze complicity features typical for a mediator. Moreover, they analyze the entire construct of complicity in bribery giving/taking, with the participation of a mediator. They prove that in bribery mediator is more likely to be a complicit in the crime commitment than an independent actor. In the course of their research the authors have used general research methods (analysis and synthesis, generalisation, deduction, comparison, analogy) and special research methods such as comparative law and structured systems analysis. The results of the research demonstrate that introduction of a new concept 'mediation in bribery' is a rather debatable issue because it defines participation in crime as an individual crime. This creates the legal redundancy that should not be common to criminal law. In this regard, the authors suggest to decriminilize the action described in Article 291.1 of the Criminal Code of the Russian Federation and extend the definition of the complicit in order to include mediator features into the definition.   
Usynin V.V. - Problems of criminal responsibility for illegal organization of gambling including those types of it held via the Internet pp. 68-74

DOI:
10.7256/2409-7136.2016.9.20127

Abstract: The article considers the problem issues of criminal responsibility imposing on persons organizing or holding illegal gambling and its participants. The author analyzes criminal cases initiated in the Republic of Khakassia, Krasnodar krai and Tomsk region, outlines the main features of organized crimes, thus helping conclude about the necessity to improve the legislation by means of defining additional responsibility of all the guilty parties. The author considers such aspects as distinguishing the concepts of organization of, holding of and participation in illegal gambling. The author studies the recent practice of criminal procedure and preliminary investigation. The analysis on criminal legislation and the practice of application of penal instruments against illegal gambling demonstrates the absence of a proper legal consolidation of a prohibition of gambling. The author proposes the amendments to the Criminal Code which would improve combating illegal gambling. 
Kulikov E.A. - Criminal responsibility for fraud and smuggling from the position of correlation of general and special rule and the principle of legal certainty pp. 69-79

DOI:
10.25136/2409-7136.2017.8.23024

Abstract: The research subject is the current provisions of criminal legislation about responsibility for fraud and smuggling and scientific publications about this problem. The author considers these provisions from the position of competition between general and special rule and from the position of the principle of legal certainty. The author gives special attention to the problem of differentiation between articles 159.6 and 159 of the Criminal Code of the Russian Federation, describing various ways of committing fraud as the criteria of differentiation of its forms. Compositions of smuggling are considered from the position of legal certainty. The author analyzes clarifications of the Constitutional and the Supreme Courts of the Russian Federation. The author uses the comparative method, the formal-logical method and the method of interpretation of law. The author also uses the method of moving from abstract to concrete. The study considers general and special compositions of fraud in the contest of general theory of general and special rule. The author actively uses the decisions of the Constitutional Court, studies their role and importance in the interpretation of criminal legal provisions. The article analyzes particular provisions of the latest decree of the Supreme Court on smuggling. The author attempts to interpret the provisions about responsibility for fraud and smuggling, detect the problems of their use, and offers the ways to solve the detected problems. 
Õóàí Þ. - Territorial Application of China's Criminal Law pp. 69-74

DOI:
10.25136/2409-7136.2022.8.38507

EDN: VRWTEU

Abstract: The article is devoted to the problems of territorial operation of the criminal law in China. The factors that actualize interest in the issues highlighted in the article are disclosed. The presented paper gives a general description of the principle of "the territorial operation of criminal law", and also examines its individual provisions on the example of China. The principle of "the operation of criminal law in space" exists in Chinese and Russian criminal legislation. We are talking about its application in a certain territory and in relation to persons who have committed a crime. When countries were sufficiently isolated from the other world, the criminal law mainly regulated the solution of criminal problems of citizens within the clear boundaries of the territory within the country.  However, with the opening of borders and the increase in international exchanges, which are becoming closer and closer, citizens of both countries sometimes commit crimes, and more and more conflicts arise – according to the law of which state they should be prosecuted. Consequently, there is a need to consider the problems of determining which criminal law was in effect in relation to a foreign citizen or a stateless person who committed a crime related to the movement in space (people, goods) from one country to another. Consideration of these issues seems relevant in a changing world. In conclusion, it is noted that the operation of the criminal law in space, taking the territory as a criterion, applies to all crimes committed on the territory of the country.
Ivanova L.V. - Illegal psychiatric committal using official position: articulation of issue pp. 70-77

DOI:
10.7256/2409-7136.2016.10.2010

Abstract: The research subject is the provisions of the theory of criminal law on illegal psychiatric committal, the provisions of criminal legislation, imposing responsibility for such activity, particular legal provisions, regulating the grounds and the procedure of psychiatric care delivery in the Russian Federation, and the provisions of the resolutions of the Plenums of the Supreme Court of the Russian Federation on particular crimes involving the category of persons, who misuse their official positions. Special attention is paid to the possibility of commitment of this crime only by a person whose job is connected with deciding on psychiatric committal. The research is based on the system approach; the authors use the logical, normative-dogmatic and comparative-legal methods of cognition. The scientific novelty of the research consists in the study of the category of misuse of official position in relation to illegal psychiatric committal, and in the proposed qualification of actions of direct superiors of the psychiatrist. Taking into consideration that the subject of this crime is always very specific (the decision about psychiatric committal can be made only by a psychiatrist or a commission of psychiatrists), the reference to the “use of official position” in the part 2 of the article 128 of the Criminal Code of the Russian Federation, is excessive. All other persons, involved in the process of illegal psychiatric committal, under certain circumstances, are subject to responsibility as accomplices in a crime. The issue of responsibility of a psychiatrist and his direct superiors, who had influence his decision about illegal psychiatric committal, should be considered on the base of the psychiatrist’s guilt or the absence of circumstance excluding the criminal nature of the deed. 
Shirshanova E.A. - Criminological portrait of the identity of the bribe-taker serving in the internal affairs bodies pp. 70-81

DOI:
10.25136/2409-7136.2023.10.44073

EDN: CJSVJT

Abstract: The object of the study is employees of the internal affairs bodies who commit a crime under Article 290 of the Criminal Code of the Russian Federation "Receiving a bribe". The author considers the concept of "personality" not only from the point of view of criminology, but also sociology, psychology, which allows to characterize the personality of a criminal not only from a legal point of view. The author examines the characteristics of the criminal's personality, studied by criminologists, as well as the characteristics that the author identifies based on the analysis of existing judicial practice. Special attention in the course of the study is paid to the identification of those characteristics that are inherent in an employee of the internal affairs bodies, as a special subject of the crime under consideration. The main contribution of the research conducted by the author is the compilation of a criminological portrait of the personality of a criminal - an employee of the internal affairs bodies committing a crime under Article 290 of the Criminal Code of the Russian Federation "Receiving a bribe". The criminological portrait of the criminal's personality is based on empirical data obtained by studying criminal cases in the district courts of the city of St. Petersburg, as well as other regions (using the electronic system of normative and legal acts "Sudakt") in the number of 107 criminal cases in the period from 2017 to 2022. The author confirms the theoretical hypotheses put forward by the author concerning certain characteristics of the criminal personality of an employee of the internal affairs bodies with concrete examples from the investigated criminal cases.
Nguyen T. - Comparative analysis of the mechanisms of the presumption of innocence principle realization at the pre-trial investigation stage in Russia and Vietnam pp. 73-83

DOI:
10.25136/2409-7136.2017.6.19451

Abstract: The paper considers theoretical issues of the mechanism of the presumption of innocence principle realization based on various points of view of Russian processualists. The author reveals the elements of the presumption of innocence principle realization using comparative legal analysis of criminal procedural legislation of Russia and Vietnam. Based on the analysis of law-enforcement practice, the author concludes that the presumption of innocence principle is secured more efficiently in Russia than in Vietnam. The author uses the comparative-legal method to compare the provisions of Russian and Vietnamese legislation and law-enforcement practice in this sphere; the statistical method to analyze various aspects of law-enforcement practice. The author substantiates the conclusion that the presumption of innocence principle can be realized by means of direct impact and other legal provisions of the Criminal Procedural Code aimed at the regulation of legal relations covered by the presumption of innocence principle. At the same time, in general, the Criminal Procedural Codes of the Russian Federation and Vietnam contain similar guarantees of the presumption of innocence principle realization, but the Russian Code contains a more comprehensive system of procedural guarantees. 
Shutova Y.A. - Threat of murder or serious harm to health: problems of law enforcement and ways to overcome them pp. 73-83

DOI:
10.25136/2409-7136.2024.1.69709

EDN: IPRZFR

Abstract: Within the framework of this article, the most common crime against a person is considered - the threat of murder or causing serious harm to health. In the course of studying law enforcement practice, a number of problems arise both in the framework of the implementation of the criminal law norm provided for in Article 119 of the Criminal Code of the Russian Federation, and in the individualization of criminal legal impact on a person who has made a threat to kill or cause serious harm to health. In this regard, the subject of this study will be: the criminal law norm contained in Article 119 of the Criminal Code of the Russian Federation; materials of judicial and investigative practice related to the implementation of the criminal law norm provided for in Article 119 of the Criminal Code of the Russian Federation; works on the theory of criminal law, which investigated controversial issues of criminal law and criminological characteristics of the threat of murder or causing serious harm to health; the ruling of the Constitutional Court of the Russian Federation, statistical data and data from its own sociological research. In this article, general scientific and private scientific methods of cognition were used: system-structural, reduction, deductive method, method of interpretation, formal legal method The novelty of the research lies in the formulation of the author's concepts of "mental health" and "social health" of a particular person who is harmed as a result of making a threat of murder or causing serious harm to health. In order to eliminate contradictions arising in the qualification of a threat of murder or serious harm to health committed using mass media, information and telecommunication networks, including the Internet, the author has developed a classification of the threat of murder or serious harm to health according to a quantitative criterion and the concept of "grounds to fear the threat". For a uniform understanding by citizens and the correct enforcement of the purpose of making a threat to kill or cause serious harm to health, the author's concept of "intimidation" is formulated. The author gives recommendations on more effective application of aggravating and mitigating circumstances for committing a threat of murder or causing serious harm to health.
Krasnova K.A. - Criminal liability for bribery in the EU member-states pp. 76-94

DOI:
10.7256/2409-7136.2015.8.15494

Abstract: The author considers the issues of criminalization of bribery in criminal legislation of the EU member states focusing on the implementation of international legal norms about the responsibility for subornation of foreign and international officials in national criminal legislation. Special attention in article is paid to the interpretation of the concept "official" and other signs of structure of bribery in criminal laws of the EU member states. The author differentiates mediation in bribery and traffic of influence. The study of criminal-legal provisions about the responsibility for bribery in the member states of the European Union is carried out on the basis of the comparative-legal method which allowed to study the general and specific regularities of criminalization of bribery in certain countries of the EU. The research allows formulating the following conclusions: bribery as a form of manifestation of corruption is criminalized in all member states of the European Union; legal norms establishing criminal liability for bribery are various; bribery as a generalized concept includes two independent but inseparably interrelated acts – giving and accepting bribes (respectively active and passive bribery); in most European countries the legislator estimates accepting of bribe as more dangerous act than giving and, respectively, establishes tougher measures of criminal liability for passive bribery. 
Shurpaev S.M., Pitulko K.V. - Peculiarities of corruption-related crimes in the sphere of public procurement pp. 78-84

DOI:
10.7256/2409-7136.2016.10.2040

Abstract: The research subject is the peculiarities of rent-seeking behavior of officials, representing the customer, in the sphere of public procurement. Using the existing understanding of “kickbacks”, the authors prove that corruption cases in this sphere are not limited to illegal gratification for the opportunity to participate in procurement procedures. The authors substantiate the importance of studying rent-seeking behavior of officials, representing the customer, in the sphere of public procurement.  Using the set of general scientific methods and the methods of empirical research, the authors come to the conclusions of a particular scientific importance. The authors define the main forms of rent-seeking behavior of officials in relation to the stages of concluding and completing the government contract. The authors develop the structure of the resolution of the Plenum of the Supreme Court of the Russian Federation on the peculiarities of consideration of criminal cases of corruption–related crimes in the sphere of public procurement. The authors’ conclusions can be used for developing theoretical research and practice in this sphere. 
Bulbacheva A.A. - Answering the Question about Documenting the Accident Scene pp. 82-89

DOI:
10.25136/2409-7136.2017.12.24755

Abstract: In her research Bulbacheva touches upon issues that may arise in the process of documenting the accident scene. She describes general theoretical issues and classifications of ways of documenting the accident scene as well as points out promising ways of documenting the accident scene, in particular, creation of a 3D model of the accident scene (i.e. creation of a 3D model of the accident scene using 3D photography, 3D scanning, or 3D modelling with software applications) in order to document and then provide the best visualisation of the accident scene. Considering that photography is the most popular way of documenting the accident scene, the researcher focuses on photography. The subject of the research is the issues that may arise in the process of documenting the accident scene. In her research Bulbacheva uses both general and special research methods such as dialectical, formal logical and formal legal analysis. Bulbacheva touches upon particular aspects of documenting the accident scene. When using photography as the way to document the accident scene, the researcher offers to dublicate digital images (saving them in RAW or JPG formats). The author of the article also suggests to use removable storage devides to save digital files to. She also analyzes whether it is possible to apply virtual visualisation to document and then provide the best visualisation of the accident scene. 
Galiautdinov R.R. - Formation of the psychology of a person committing official violent crimes (on the example of an employee of the internal affairs bodies): worldview and behavior pp. 82-90

DOI:
10.25136/2409-7136.2023.10.44088

EDN: BBDRXQ

Abstract: Psychological features of the criminal's personality are important for the subjective side of the crime, and functional features determine the mechanism of the crime. Information about the official himself, as a criminal's personality, about his psychological traits and properties, including worldview and behavior, play a role in determining the subjective side of the crime from the target and motivational sphere, and the functional characteristic, in turn, determines the mechanism of committing an official violent crime, ways of concealing it, features of the mechanism of trace formation and others distinctive features of such crimes. This functional factor of official authority necessarily affects the structural and content specifics of the categorical system of personality and its dynamics. The novelty of the topic of the publication is due to the need to study the formation of the personality of a criminal official. The need to answer the question: "How was the personality of a person who commits official violent crimes formed?" led to the conduct of this study. The purpose of this publication is to determine the formation of the worldview and behavior of an official who commits violent crimes. On the basis of theory and law enforcement practice, the key directions of the worldview and behavior of the person are identified, the process of worldview is described and auxiliary questions are given in the article, the connection between professional deformation and worldview is established by the author and the key directions of behavior of an official are highlighted.
Korchagin A.G., Fedotova N.P. - Classification and subjective prerequisites of responsibilty for causing grave harm to health. pp. 83-107

DOI:
10.7256/2305-9699.2013.5.776

Abstract: The subject of crimes against human health is a physical mentally sane person, who has achieved the age established by criminal law, who is guilty of committing the said crimes.  Establishing the elements of crime subject in crimes against human health is an important element to precise qualification of crimes in legal practice.  However, in some cases this work is complicated by ambiguous interpretation of three obligatory and one additional element, and overly blank character of their formulation.  The fourth additional element (special subject), which is present in p. 2 of Art. 118, Art. 121, p.2,3 Art. 122, p.4 Art. 122, p .3 Art 123 and Art. 124 of the Criminal Code of the Russian Federation causes most problems in qualification of crimes.  Correct establishing of the subjective element of crime is of prominent value for the criminal legal evaluation of causing grave harm to health. The subject acting against health of other person understands the character of harm to health, as well as its amount and a number of other objective circumstances and consequences relevant for criminal law evaluation of a crime.
Dvortsov V.E. - Comparative legal study of administrative and criminal liability of a cadastral engineer. pp. 88-94

DOI:
10.7256/2409-7136.2016.12.2118

Abstract: The Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation contain many norms establishing responsibility for related, sometimes even similar acts. The object of the study is the administrative responsibility that occurs when a cadastral engineer commits an offense in the form of entering deliberately false information into boundary or technical plans, a survey report, a land surveying project, or a map-plan of the territory or forgery of documents on the basis of which these documents were prepared and criminal liability for the commission of the above actions, if these acts caused major damage to citizens, organizations or the State. The subject of the study is the administrative and criminal liability of a cadastral engineer for committing a tort in the field of cadastral activity, the practice of application. The methodology is based on the comparative – analytical method of research. The author uses various methods of general and particular research: formal-logical, systematic, the principle of continuity of method and truth, analysis and synthesis. The conducted research is the first and only comprehensive study of the possibility of applying administrative and criminal liability to a cadastral engineer. The article presents an unconventional analysis of objective and subjective signs of the considered offenses under Part 4 of Article 14.35 of the Administrative Code of the Russian Federation and crimes under Article 170.2 of the Criminal Code of the Russian Federation, assesses the effectiveness of the measures of administrative and criminal responsibility established by the legislator, examines the issues of qualification of offenses and crimes, the problems of applying responsibility in practice are noted, significant additions to the legislation are proposed.
Bagandova L.Z. - Prohibition of the glorification of the crimes condemned by the verdict of the International Military Tribunal of the European Axis Countries: problems of interpretation and law enforcement pp. 89-96

DOI:
10.25136/2409-7136.2023.12.68918

EDN: EHBFMH

Abstract: The subject of this study is the criminal law prohibition of the approval of crimes condemned by the verdict of the International Military Tribunal of the European Axis countries. This act of glorifying of such crimes is an element of the objective side of the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation. The methodology of the research consists of such methods as formal-legal, logical, systematic, as well as the method of analysis. The author emphasizes the importance of considering the aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the present crime is often committed in the Internet environment. Special attention is paid to such a feature of the subjective side of the crime as its goal: the author argues about the need to consolidate the goal as a constructive feature of the subjective side of the considered corpus delicti. The novelty of this study lies in the fact that this norm is analyzed in relation to the constitutional principle of freedom of speech. The author comes to the conclusion that in this matter it is advisable to be guided by part 3 of Article 55 of the Constitution of the Russian Federation, according to which constitutional rights and freedoms can be restricted only to the extent necessary to protect the constitutional foundations and ensure the security of the state.
Ligai L.Y. - Certain problems of qualifying evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation) pp. 91-99

DOI:
10.25136/2409-7136.2023.10.68732

EDN: BCRDQM

Abstract: The subject of the study is the criminal law norm establishing criminal liability for evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation), the practice of applying this norm, issues of improving the text of Part 2 of Art. 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify problems that arise in the process of qualification and differentiation from related crimes (Article 313 of the Criminal Code of the Russian Federation). The penal legislation is analyzed regarding the provision of travel for convicts outside the correctional institution. The research methodology is based on general scientific (logical, systemic, analysis, interpretation, generalization) and special scientific (specific sociological, formal legal) methods. The relevance of this study is due to the presence of emerging contradictory judicial practice in cases of evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation). The necessity is substantiated for the mandatory establishment of the legality of the grounds for the convict’s departure from the correctional institution in order to carry out a fair classification of the criminal act. In support of the theses presented, statistical data on persons prosecuted under the criminal law norm in question is provided. Proposals have been formulated to improve the text of Part 2 of Art. 314 of the Criminal Code of the Russian Federation regarding the failure to appear at the relevant body of the penal system of a person sentenced to imprisonment, who has been granted a deferment of execution of a sentence or serving a sentence, upon expiration of the deferment period.
Akunchenko E.A. - Main theoretical approaches towards comprehension of the essence of abuse of administrative resources in the electoral process pp. 94-107

DOI:
10.25136/2409-7136.2021.11.34326

Abstract: The object of this research is the abuse of administrative resource as one of the manifestations of corruption crime in the electoral process. Being a multidimensional negative phenomenon, the abuse of administrative resource does not have legal or generally accepted doctrinal definition, which impedes the development of the effective system of legal restrictions aimed at protection of electoral relations from such type of corruption. The subject of this research is the scientific works of the experts in sociology, political science, economics, and law that disclose the essential characteristics of the phenomenon in question. The goal lies in the formation of holistic representation on the abuse of administrative resource in the electoral process. The author examines and summarizes the approaches towards the concept of administrative resource proposed in different social sciences; determines the key legal elements of abuse of administrative resources in the electoral process, which reveal its corruption essence; formulates definition of this negative phenomenon. Scientific novelty lies in distinguishing the three independent approaches towards comprehension of administrative resource in the electoral process: socio-political, political-economic, and formal-legal. The absence of apparent contradictions, as well as complementarity of these approaches, allows forming holistic perspective on the administrative resource. Focusing attention on the formal-legal approach, the author concludes that the leading features of abuse of administrative resource in the electoral process in the special subject composition, method of wrongdoing, as well as corruption goal pursued by the actor of electoral process. The original definition of abuse of administrative resource in the electoral process is offered.
Ivashchenko V.V. - Comparative Analysis of Crimes Provided for in Articles 110.1 and 151.2 of the Criminal Code of the Russian Federation pp. 94-107

DOI:
10.25136/2409-7136.2023.9.39338

EDN: YFLIAI

Abstract: In the article the author analyzes the causes of the occurrence on the pages of the Criminal Code of the Russian Federation of the elements of crimes regulating criminal liability for inciting a minor to suicide and facilitating its commission, as well as the involvement of adolescents in actions dangerous to their life and health. The author conducts a comprehensive comparative analysis of the elements of crimes provided for in paragraph "a" of Part 3 of Article 110.1 and Part 1 of Article 151.2 of the Criminal Code of the Russian Federation, describes their main, common and distinctive features, raises qualification problems. When writing the scientific work, the author used dialectical, logical, statistical, comparative, formal and legal research methods. The degree of study of the problems raised in the article is represented by the scientific research of such legal figures as Kharlamov V.S., Levandovskaya M.G., Shchetinina N.V., Kiryukhin V.V., etc. The main conclusions of the study are the mutually exclusive nature of criminal acts, their differentiation by optional objective signs of corpus delicti. The novelty of the scientific work lies in the conclusions of the author made based on the results of the study, as well as in the proposal to reform the provisions of the current legislation by the inclusion of a special subject of given crimes.
Litvin I.I. - Technical and electronic means in criminal proceedings: the notion, the place and the role pp. 98-104

DOI:
10.7256/2409-7136.2017.1.18727

Abstract: The article studies the approaches, described in the scientific literature, to the concept of technical means, the place of technical means and their purpose in criminal proceedings. The author analyzes the criminal procedural rules regulating the forms of technical means application. The author compares the notions “technical means”, “technical and criminological means”, “scientific and technical means”, “technical means of communication” and “electronic means”. Special attention is given to the problem of application of recording technical means. The author assesses the status of information, acquired via technical and electronic means, in proving during criminal proceedings. The research methodology is based on the set of general scientific and special research methods including the normative-logical and system methods, synthesis, analysis, deduction, induction and other research methods. The author concludes about the necessity to legislate to notion “technical means” and singles out electronic means as a special form of technical means based on the criterion of the result of their application in the form of electronic information. The author proposes the notion “electronic means” and emphasizes the necessity to endow the results of technical means application with evidentiary value. 
Zainullin R.I. - Tactical interrogation techniques in modern crime investigation practice pp. 99-108

DOI:
10.25136/2409-7136.2023.7.43459

EDN: TBRAEG

Abstract: The subject of the research in this scientific article is to determine the degree of effectiveness of the most common interrogation tactics in the practice of crime investigation. Analysis of the forensic literature has shown a huge variety of tactical interrogation techniques proposed by the science of criminology, most of which raise justified doubts about their scientific validity and practical expediency of their application. At the same time, there is an urgent problem of the use of specific tactics by investigative workers who have short experience in investigative work. In carrying out this research, the author used the method of description and analysis, the method of interviewing, activity and system-structural approaches, methods of statistical generalization. The scientific novelty and practical significance of the conducted research, the results of which are reflected in this article, lies in the fact that the author has identified a list of the most common interrogation tactics in the forensic literature that have sufficient scientific justification, and also assessed the degree of their applicability in the practical activities of the district level of investigative units. As a result of the conducted research, the need to revise the traditional provisions of forensic tactics in the field of interrogation and the formation of new approaches to determining the content of forensic support for preliminary investigation is determined, and the author draws attention to the need for a more critical reassessment of those forensic recommendations that are put forward by modern criminologists in terms of their viability and effectiveness.
Zhidkikh A.A. - Legal regulation and practice of participation of the foreign prosecutors in law-making. pp. 104-130

DOI:
10.7256/2305-9699.2013.10.807

Abstract: The article is devoted to analysis of constitutional and legislastive regulation, as well as practical implementation of the competence of foreign prosecutors in the sphere of national law-making.  The author analyzes forms of such prosecutor activities, singling out specific features and general matters within the framework of participation of prosecutors in the law-making. The author formulates a number of conclusions, including the following.  Participation of prosecution in the law-making process is an accepted practice in many foreign states. Such an activity of prosecutor is due to historical and legal traditions of a state withina  specific legal family.  Participation of prosecution in law-making is present mostly in those states, where it is recognized as an independent government body. Currently, one may refer to its aim to protect human rights and public interests as a general pattern. Many form of participation of such state institutions in the formation of national legislative system include propositions on drafting legislative acts, use of a constitutionally provided right of legislative initiative, direct participation in legislative drafting, legal expertise of drafts of normative legal regulations, use of the prosecutor response measures and claims in court in order to recognize certain legal norms unconstitutional or unlawful.
Salkazanov A.E. - Comparative-legal analysis of criminal responsibility for failure to make payments into the budget in Russia and in Europe pp. 105-115

DOI:
10.7256/2409-7136.2017.1.19976

Abstract: The research subject is the comparative analysis of criminal responsibility for failure to make tax payments, fees and other payments into budgets in Germany, Spain, Italy and Russia. The author pays special attention to the legal provisions of these states regulating criminal failure to make payments into the budget. The author describes the provisions regulating the responsibility for failure to make compulsory payments into the budgets. Special attention is given to the legislative framework of European states and its comparison with Russian legislation. The research methodology is based on the dialectical research method. The author applies the methods of analysis and synthesis, the logical, formal-legal and comparative-legal methods. The scientific novelty of the study consists in the use of the recent legislative framework of Russia and foreign countries for the development of effective measures of prevention failures to make payments into budgets. The analysis criteria are the highly developed countries where taxes and fees are the most important part of social development. The author studies foreign legislation and singles out the peculiarities typical for each of the countries. The author concludes about the necessity to use the legislative and law enforcement experience of these states for the responsibility system improvement. 
Bakharev D.V. - The tradition and prospects of studying the mechanism of criminal behavior from the standpoint of modern biosocial interpretation of the phenomenology of human aggression pp. 109-116

DOI:
10.25136/2409-7136.2023.7.43578

EDN: TBSKKD

Abstract: In recent decades, there has been an increasing interest in the biopsychophysiological side of the criminal's nature in foreign criminology. The representatives of the biosocial trend are focused on advanced developments in the field of studying the biological side of aggressive human behavior. Serious progress has been made in this direction over the past thirty years, primarily due to the discoveries of cognitive neuroscientists, endocrinologists and molecular geneticists. In addition, specialists in the field of human physiology and nutrition have also made some progress in understanding the patterns of interaction of biological and social elements in the formation of the mechanism of aggression. Discoveries in the field of epigenetics can also give a significant impetus to the development of social sciences, which have fundamentally changed researchers' ideas about the role and relationship of the genetic base and the external environment in the mechanism of heredity. All relevant information on this subject is analyzed and summarized in a timely manner by foreign biosocial specialists, expanding, among other things, the criminological discourse in terms of studying the patterns of formation of the mechanism of criminal behavior, as well as individual crime prevention (primarily violent). This article is an attempt to review advanced research in the field of today's biology of human behavior, as well as those measures that are already being implemented (taking into account current scientific information about the socio-biological side of the criminal's nature) abroad in order to minimize the scale of criminal aggression.
Polyakova A.V. - 3D-technologies in forensic examination pp. 117-125

DOI:
10.25136/2409-7136.2023.7.43654

EDN: UTMXRW

Abstract: One of the promising directions of digitalisation of forensic examination is the introduction of 3D technologies for the creation and study of digital three-dimensional models of forensic objects. The purpose of this study is to systematise data on existing technologies for obtaining three-dimensional models of forensic objects, as well as to determine the main areas of their application in forensic examination. The author analysed foreign and domestic experience of 3D-technologies application in this field. The objects of this study are methods of building three-dimensional models, as well as their technical and software, which can be used to solve the problems of forensic examination. The analysis of the main methods of obtaining 3D-models allowed the author to identify the main directions of implementation of 3D-technologies in forensic science. First of all, it is the fixation and preservation of information about traces, objects and things of an accident scene, which can later become the objects of forensic examinations. With the help of three-dimensional modelling methods it is possible to solve identification and diagnostic expert tasks, integrate the results of expert studies and other investigative actions into a single reconstruction. Based on these directions, scientific research in the field of application of three-dimensional technologies can be continued, in addition, the accumulation of empirical material that can be used in the practice of production of various types of forensic examination will continue.
Komarov A.A. - Methodological problems of components selection for the calculation of the cost of Internet-fraud pp. 119-132

DOI:
10.7256/2409-7136.2015.11.1658

Abstract:  The article studies the methodological grounds of the criminological indicator “the cost of crime” with regard to such a phenomenon as Internet fraud. The aim of the research is to outline the optimal mathematical parameters of the negative social consequences of crimes. The main tasks are: to substantiate the theoretical possibility of quantification of negative social consequences of a qualitative character; to substantiate the practical reasonability of the calculation of the cost of crime; to include the sum of individual aspects of the direct and indirect damage into its composition; to evaluate the possibility of application of the approved methods with regard to Internet fraud and the damage caused by it. The task is achieved by means of the analysis of the approved methods of calculation of the cost of crime in the contemporary scientific theories. The main result of the research is the cumulative conclusion about the existence of the objective difficulties of the development of a unique (for the Russian criminology) methodology of the cost of Internet fraud calculation. Practically the necessary methodology can be developed right now, if we mean only property crimes. But the systemic character of the Russian criminology requires the development of an integrated theory of the cost of crime which can be applied to the whole complex of committed crimes. 
Polstovalov O.V., Galiautdinov R.R. - Organized forms of online fraud: types of fraud in the field of computer information and the use of high technologies pp. 120-127

DOI:
10.25136/2409-7136.2023.11.44223

EDN: MXFWZI

Abstract: Law enforcement and judicial practice in Russia has faced a mass of previously non-existent types of fraud. New types of fraud appeared in the field of computer technology and the use of high technologies. Along with this, the development of economic sectors, the credit and financial system, commercial banks, the emergence of new information, banking technologies, technical means of communication have generated organized forms of online fraud. Primitive forms of fraud are being replaced by more sophisticated ones, new technologies are penetrating into our lives, so forms of fraud using chat gpt, that is, neural networks, have appeared. The above circumstances justify the relevance of the research topic. The subject of the study is various types of fraud in the field of computer information and the use of high technologies and the specifics of their commission. The novelty of the topic of the publication is due to the need for a thorough study of new organized forms of online fraud to prevent the commission of such crimes. For the first time, "modification" as a method of computer fraud, a neural network, as a way of committing fraud, was investigated. An attempt has been made to characterize an organized criminal group committing online fraud. Digital traces of organized forms of online fraud have been investigated. The purpose of this publication is to highlight the features of the commission of organized forms of online fraud. Their allocation will help to effectively solve such crimes. The article uses various methods: general dialectical, logical, analysis of regulatory regulation, formal legal, comparative legal. Conclusions: on the basis of theory and law enforcement practice, the key elements of organized forms of online fraud are identified, the key features of organized criminal groups that commit them are characterized, the role of neural networks in the commission of the crimes under consideration is established.
Abaturov A.I. - Implementation of the competence of internal affairs bodies in the sphere of establishing, prolongation and termination of post-penitentiary control. pp. 137-163

DOI:
10.7256/2305-9699.2013.8.9178

Abstract: The article concerns topical problems of lowering the amount of recidive crime by establishing administrative supervision as a form of post-penitentiary control towards the persons discharged from penitentiary institutions.  The author provides critical analysis of the existing judicial practice and the mistakes in legal practice regarding documental proof of the need to establish administrative supervision over a person.  The article provides multi-aspect, complex and detailed analysis of the activity algorithm of the staff of the internal affairs bodies on prolongation and termination of post-penitentiary control.  The author expresses a thought that  the activities of the internal affairs bodies on post-penitentiary control should be systemic and they should strive to achieve the goals of administrative supervision, that is, prevention of crimes and other offences by the persons under such supervision, individual prophylactic influence on such persons for the purposes of protection of state and social interests.  The article provides various points of view in this sphere, as well as the opinion of the author.
Kukharuk V.V. - Deferral of sentences for drug addicts: theory and implementation pp. 148-165

DOI:
10.7256/2305-9699.2013.1.366

Abstract: This article contains a detailed analysis of the characteristics of drug-related crimes which underpin the provisions relating to the deferred sentencing of drug addicts under Art. 82.1 of the Criminal Code. The author undertook a comparative legal investigation of the mechanism used to reduce illegal distribution and non-medical use of drugs as expressed in the regulations of the drug policy strategy of the Russian Federation until 2020, and the relevant articles of the Criminal Code relating to the imposition of mandatory drug treatment. The results show that the reality of the practice of criminal law reform directed to ensure the health of the population in a target area is significantly different from the ideas proposed by the policy document. The article provides a review of some of the problems experienced by the criminal law institution in deferring the sentences of drug-addicted offenders of drug-related crimes and the ways in which this concept can develop, including in the criminal context. Most important here is how to extend the analyzed standards to persons suffering from substance abuse and alcoholism, regardless of the crime committed by them.
Karchevskyi M. - The main directions for improvement of criminal legislation within the framework of social informatization tendencies. pp. 152-196

DOI:
10.7256/2305-9699.2013.6.8317

Abstract: The article includes an attempt to formulate the key requirements to the contents of criminal legal protection of social relations in the information sphere.  Criminal law guarantees of stimulation of positive and minimization of negative social consequences of informatization presuppose that the system of relations guaranteeing implementation of information needs becomes an independent object of criminal legal protection. The author offers to use the term "information security" for this purpose. The subject is in the situation of information security, when efficiency of his activities are guaranteed by complete, authentic and sufficient for decision-making information.  Such a situation may be achieved by social activities in the three inter-related groups of social relations, which are the structural elements of information security, namely: social relations in the sphere of use of information technologies, sphere of access guarantees to information resources and the sphere of formation of an information resource.  At the same time, the public danger of encroachments upon information security is not independent, it depends upon the social value of the relations, within which information needs appear.  The author offers the key directions for the legislative improvement in the sphere of legal liability for the crimes in the information technologies sphere, as well as in the sphere of limited access to information. The author then notes that it is not viable to broadly use the means of criminal justice in the sphere of information resources formation.
Silaeva N.A. - Prevention of crimes against the political system of the Russian Federation (some special measures). pp. 155-182

DOI:
10.7256/2305-9699.2013.3.542

Abstract: This article presents analysis of special measures of prevention of crimes against the political system of the Russian Federation, including organization, administration, social, psychological and other measures.  In particular, the author views such organization and administration measures as complex criminological studies on this issue, organization of efficient international cooperation of states and their law-enforcement bodies in the sphere of crimes against the political systems of the Russian Federation, training and advanced training of the staff, working in this sphere,  coordination of prophylactic work against such crimes in the Russian Federation, guaranteeing efficient control  over arms turnover in Russia and urgent prevention of unlawful turnover of arms by the law-enforcement bodies. Among the social and psychological measures, the author points out the measures, which are aimed at the formation of the calm attitude among the population, assurance in their security, readiness for mutual aid and assistance to the law-enforcement bodies.  The author also studies special subjects of fighting the crimes against political system of the Russian federation, such as the federal government bodies of the Russian Federation, the government bodies of the constituent subjects of the Russian Federation, municipal self-government bodies, prosecution, courts, internal affairs bodies of the Russian Federation and their structural divisions.
Bakradze A.A. - On the issue of qualification of services forced on customers. pp. 183-191

DOI:
10.7256/2305-9699.2013.3.552

Abstract: The author attempted to correlate the services provided without consumer consent and unnecessary services with the existing criminal legal prohibition.  These services may take place in medicine, legal counseling, housing and utilities, in the cell phone market, etc.  IN such cases it is not the issue that a customer fails to have a service he paid for, or does not get it in full, as it would be the case with theft or fraud.  In the opinion of the author the novel form of taking property away from a person, and it cannot be directly qualified in legal terms. The danger of such services forced upon a customer that in each case the damage is rather small, so it does not cause legal consequences for the perpetrators due to the absence of initiative of the consumers.  That is why these services keep developing unconstrained and take upon new territories. 
Antonova E.Y. - Criminal Liability of Corporate (Collective) Subject for Corruption Crimes pp. 192-220

DOI:
10.7256/2305-9699.2013.3.568

Abstract: In present article the issue of the need to protect to national security of the Russian Federation from corruption crimes is considered. The author draws attention to the fact that the international practice shows has examples when the subjects of corruption crimes are not only  individuals, but also corporate (collective ones) entities. This fact determines the need to find solution of the question of the recognition of corporate (collective) entities which have the status of legal entities, as the subjects of corruption. The author comes to the conclusion that the establishment of corporate (collective) criminal liability, including  corruption crimes, will help to harmonize measures against acts of corporate (collective) entities representing a higher degree of public danger, and provide for a more complete implementation of the principle of inevitable liability. According to the author, the criminal remedies against socially dangerous acts of corporate (collective) education are more effective than civil law and administrative methods.
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