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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 01/2019
This issue is currently being formed. All articles presented on this page have already been included in this issue, are considered published, and will remain unchanged in the final version of the issue along with other metadata of the articles.
Учредитель: Даниленко Василий Иванович, w.danilenko@nbpublish.com
Главный редактор: Куракин Алексей Валентинович, доктор юридических наук, kurakinaleksey@gmail.com
Contents of Issue № 01/2019
The police and issues in the fight against corruption
Bukalerova L.A., Serous A.V. - Great Britain’s and the USA’s experience in combating bribery of foreign public officials and the officials of a public international organization pp. 1-7

DOI:
10.25136/2409-7810.2019.1.29057

Abstract: The authors consider the peculiarities of combating bribery of foreign public officials and the officials of international public organizations in the USA and Great Britain. The authors find out that responsibility is imposed for bribery of a foreign official per se and of politically exposed persons who do not hold a public office at the moment but can use their political influence in favour of a briber. Therefore, bribery can be aimed at any other person if it is reliably known that the whole bribe or its part will be taken by these officials or politically exposed persons. The authors use the methods which are the evolution of scientific research methods known in and tested by the legal science. They ensure the reliability of the acquired results. Based on the research and the study of foreign experience and international documents, the authors clarify the characteristics of the crimes in question. The authors conclude that the in the Anglo-Saxon legal system, the lawmaker has implemented the basic international standards in the field of responsibility for bribery of foreign public officials and the officials of public international organizations. Particularly, the law system establishes responsibility for both active and passive bribery of such persons in particular legal regulations; besides it formalizes the responsibility of legal entities in this field.  
Monograph peer reviews
Dubovik O.L., Averina K.N. - At the confluence of Criminal law and the Law of action: substantive and procedural problems
pp. 8-22

DOI:
10.25136/2409-7810.2019.1.23765

Abstract: The review characterizes the content of articles published by Polish, American, German, Bulgarian, and Czech specialists in the field of criminal law and proceedings, criminal science, the law of action and other legal branches devoted to the 70th anniversary of the rector of the University of Wroclaw, professor Mark Bojarski. The information about the criminal legal aspects of responsibility for actions shows that the models for codification of such provisions and the models for typification of infringements on the protected legal advantages are fundamentally different in different countries. Unlike the situation in Russia, where criminal law and administrative law are codified (the Criminal Code and the Administrative Offences Code, and the laws of Russia’s territorial units), in most other countries, together with criminal codes (laws), regulating the responsibility for crimes and actions, laws and other legal acts exist containing the compositions of crimes and malefactions and offences, and malefactions are considered as criminal offences (in Poland, France, etc). The authors use such research methods as dialectics, deduction, induction, and the comparative-legal method. The review reflects the estimations of the current state of the legislation, its gaps and drawbacks, the experience of reforming criminal responsibility, the arguments in favour of law-making decisions and particular disputable issues. The article represents the snapshot of the current state of legal thought focused on the problem of combating crime and offences and overcoming their socially detrimental consequences. The authors discuss theoretical background for searching for the criteria to differentiate crimes, malefactions, administrative delicts, and for creating the system of sanctions.  
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