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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' (Р 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. 
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. - 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.  
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".
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. 
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 mechanism of criminal law as applied to the deeds, committed via the Internet pp. 17-29

DOI:
10.7256/2409-7136.2016.12.1887

Abstract: The author considers the problem of the principle of criminal law as applied to the Internet. The key problem is the fact that the set of the existing mechanisms of criminal law in space doesn’t define the national jurisdiction in the global computer network. Therefore, this study is devoted to adapting the personal principle of criminal law in space as applied to social relations on the Internet and the crimes, committed in the network, against the interests of the Russian citizens, society and state. To solve this task, the author applies the set of methods of the Russian jurisprudence, including the comparative historical analysis of penal provisions, regulating the personal mechanism in the legislation of foreign countries in different historical periods. The author analyzes the modern condition of the problem and the content of the provisions of the current criminal law. The author proposes the measures of improvement of the provisions of criminal law, which, however, can be considered as quite disputable and non-conforming to the established doctrinal views by some scholars, since the author insists on the consideration of the personal principle as effective only if it has primacy over the territorial one. To ensure its effectiveness in the global network, it is necessary to abandon the anonymity of social relations in the process of users’ communication. 
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. 
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. 
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. 
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., . - 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.
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. - pp. 28-41

DOI:
10.25136/2409-7136.2018.7.24761

Abstract:
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. 
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 № 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 № 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.  
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. 
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.
Korchagin A.G., . - 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. 
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. 
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. 
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.
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. 
Zhinkina 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. - pp. 57-61

DOI:
10.25136/2409-7136.2018.5.26273

Abstract:
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”. 
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. 
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., ., . - 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.
Mordovina A., Mordovin P. - pp. 67-71

DOI:
10.25136/2409-7136.2018.6.26330

Abstract:
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. 
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. 
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. 
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. 
Bul'bacheva 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. 
Korchagin A.G., . - 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 study of administrative and criminal responsibility of a cadastral engineer pp. 88-94

DOI:
10.7256/2409-7136.2016.12.2118

Abstract: The Criminal Code and the Administrative Offences Code of the Russian Federation contain many provisions, establishing responsibility for related, and sometimes even similar, deeds. The research object is administrative responsibility of a cadastral engineer for plotting of the knowingly false information on a delimitation or technical plan, or its inclusion in the inspection report, land delimitation project or a survey map, or for the forgery of records, which these documents are based on, and criminal responsibility for such actions in case they caused significant damage to citizens, organizations or the state. The research subject is administrative and criminal responsibility of a cadastral engineer for the offence in cadastral activity and the practice of its implementation. The research methodology is based on the comparative-analytical method. The author applies various general and specific research methods: formal-logical, system, the principle of inseparability of method and truth, analysis and synthesis. The conducted research is the first and the only complex study of the possibility of imposition of administrative and criminal responsibility on a cadastral engineer. The article contains an unconventional analysis of objective and subjective features of the offences under consideration, enshrined in the part 4, article 14.35 of the Administrative Offences Code of the Russian Federation and the crime, described in the article 170.2 of the Criminal Code of the Russian Federation. The author assesses the effectiveness of the established measures of administrative and criminal responsibility, considers the issues of qualification of offences and crimes, notes the problems of responsibility implementation and offers significant changes to the legislation. 
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. 
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. 
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. 
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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