Abstract: The article considers the peculiarities of offences and crimes related to the rendering of funeral services to the population. It is ascertained that the rendering of funeral services is a specific form of entrepreneurship. This activity is regulated by special legislation: the federal law “On the protection of competition”, the federal law “On burial and funeral business”, Presidential decree “On the guarantees of citizens’ rights to burial services”; order of analysis and expertise of the competitive environment on goods markets, established by the order of the Federal Antimonopoly Service of Russia of April 25, 2006 No 108; normative legal acts of local governments, among which the most interesting is the law “On burial and funeral business in Moscow”. The author applies the methods of analysis and synthesis and the dialectical method of cognition. The author ascertains the key features of offences and crimes in the sphere of funeral services. The author proves that entrepreneurship in funeral services is not only a specific form of entrepreneurship, but also a shadow form of economic activity. Therefore, this form of entrepreneurship is doomed to the direct and indirect connection with various abuses and even crimes. At the same time, the Criminal Code contains only one article (244, Outrages upon Bodies of the Deceased and Their Burial Places) which establishes the responsibility in the sphere of funeral services. In all other cases criminal responsibility is imposed on general grounds (official malfeasance, economic crimes).

Keywords: typical violations, shadow character, transplantology, funeral, funeral services, abnormal return, Entrepreneurship, cemeteries, burial, crimes

DOI: 10.7256/2310-8681.2014.4.16556

Abstract: On November 21, 2014, the representatives of the union of Criminalists and Criminologists participated in the conference “Legal issues of funerals, personal rights of the deceased, particular aspects of succession law and freedom of funeral activity” which was organized at the University of Wroclaw (Poland). The conference was attended by the lecturers and students of the universities of Wroclaw, Warsaw, Kyiv, Białystok, the Academy of Krakow, and the universities of Tajikistan, Moldova and the Czech Republic. Russia was represented by the associate professor of the Legal Faculty of St. Petersburg State University Kapustina Maria Aleksandrovna and the representatives of the Union of Criminalists and Criminologists, professors Oleg Aleksandrovich Zaytsev (vice-chancellor of Moscow Academy of Economics and Law), Aleksey Vladimirovich Barkov (the department of civil disciplines of Moscow Academy of Economics and Law), Igor Mikhailovich Matskevich (adviser at the Kutafin Moscow State Law University). Among the issues, discussed at the conference, were the following:- “Use of new technologies in succession law”- “Necessity to amend the law on cemeteries and funerals”- “Protection of author’s rights in the Polish law. Traditions and the modern condition and perspectives”- “Criminal manifestations in funeral business”The President of the Union of Criminalists and Criminologists Matskevich and the vice-president Zaytsev thanked professor Mazurkevich for the bilingual organization of the conference – in Polish and in Russian and for the organization of visits of memorial cemeteries of Soviet soldiers killed in the battles with Nazi Germany and in the campaigns of liberation of Silesia and Wrocław.

Keywords: Wroclaw, university, Poland, funeral, right, personal rights of the deceased, inheritance law, funeral activities, copyrighted, cemetery

DOI: 10.7256/2310-8681.2014.4.15861

Abstract: The article considers the deepening of criminalization of the Russian market of funeral services. Optimization of private and public legal means of the mechanism of its regulation is offered as one of the main ways of prevention of the market criminalization. The authors argue that the peculiarities of this mechanism should be reflected in the Russian legislation on burial and funeral business.The article studies the tendencies and prospects of development of the Russian legislation in this sphere. Identifying the advantages and disadvantages of the two actively discussed in Russia draft laws "On introduction of amendments and additions to the Federal law "On burial and funeral business", prepared by the Federal Antimonopoly service and the funeral community (focused on the self-regulation of the funeral industry), and "On the funeral business", published by the Ministry of construction in the fall of 2014 (aimed at the domination of the license regulation of the market of ritual services), the authors conclude about the necessity of combining the advantages of two models: self-regulation and licensing. The authors apply the general scientific and special methods of cognition: the dialectical, formal-logical, structural-functional methods and modeling. The idea of social entrepreneurship, which is widely used in the developed legal systems, is presented as a perspective way of the burial legislation improvement. In the authors’ opinion, it will help optimize the private and public legal means of the mechanism of the funeral services market regulation.

Keywords: absence of control, criminalization, social entrepreneurship, self-regulation, licensing, funeral services market, funeral business, service, government control, license

DOI: 10.7256/2310-8681.2014.4.15860

Abstract: The article analyzes the legal regime of human organs, tissues and cells. The author analyzes the current national and international legislation, regulating the issues of transplantation of human organs, tissues and cells. Using the examples of national and international legislation, the author demonstrates the peculiarities of private-law acts causa mortem. The author notes that human body can’t be considered as a separate independent object, since during the human’s life it doesn’t exist on its own, but is an integral part of an individual. To achieve the research goals the author applies the general scientific and special methods, including analysis, synthesis, the structural-logical method, the statistical method, the method of comparative-legal analysis, the method of moving from concrete to abstract and other methods of scientific cognition. The author claims that the rights, dealing with the mentioned objects, relate to a special group of rights sui generis – somatic rights. The author argues that in such cases a special legal regime should be applied. The author notes that the rights dealing with these objects can be the object of private-law acts causa mortem with regard for their special legal regime.

Keywords: personal integrity, body, personified, private law acts, somatic rights, death, legal regime, transplantation, donor, individual

DOI: 10.7256/2310-8681.2014.4.15862

Abstract: The article considers the peculiarities of a lifetime funeral services contract. The authors provide its legal qualification as a means of prevention of the funeral sphere criminalization. The paper substantiates the recommendations on the improvement of the federal law draft “On funeral services in the Russian Federation”. As a rule, the law presupposes a written form of a remunerative service contract, according to the clause 1, article 161 of the Civil Code of the Russian Federation, which runs that the deals between legal entities with the participation of citizens, or between citizens, in sum more than 10 times exceeding the minimal remuneration of labor rate, should be concluded in a written form. To achieve the research goals the authors apply the general scientific and special methods of analysis, synthesis, the structural-logical method and other methods of scientific cognition. The authors conclude that a lifetime funeral service contract is a form of remunerative service agreement in favor of a third person with a suspensive condition. With a view to increase the guarantees of a proper implementation of this treaty it is considered reasonable to legalize a trilateral construction of this contract: one party is a customer and a payer of a funeral service, expressing his will to be buried in a certain place, according to certain traditions; another party is an executor of a contract – a funeral service; the third party is an agent, responsible for the execution of the will of the customer in the case of his death. The third party should gain the status of the ritual services customer.

Keywords: service, will, burial, funeral service, funeral business, funeral services, lifetime contract, executor, funeral, customer

DOI: 10.7256/2310-8681.2014.4.15554

Abstract: During the period of its existence, the institution of criminal proceedings commencement has been subjected to the systematical attempts of reforming with the aim to eliminate the prohibition of proceedings and coercion, especially, detention of a suspect prior to the criminal proceedings commencement. The simplicity of criminal proceedings initiation is a sign of the freedom of access to justice and reflects the progressive development of civil society which applies the legal mechanism of protection of rights and freedoms by means of the institution of criminal prosecution. The author applies the methods of analysis, synthesis, the structural-logical and other methods. The author concludes about the need for change of a scientific task. The criminal proceedings science in the subject of criminal prosecution initiation traditionally studies the problems of the stage of criminal proceeding commencement; the most important among them is the admissibility of testing means, investigative actions and measures of procedural coercion prior to the decision about criminal proceedings commencement.

Keywords: limitation, reasonable time, stage, criminal prosecution, investigator, criminal charge, rights and freedoms, prohibition, coercion, protection

DOI: 10.7256/2310-8681.2014.4.15610

Abstract: The author notes that, due to the worsening of economic situation and the decline of living standards in Russia, the problem of struggle against organized crime becomes especially important. It is confirmed by the data of the Integrated intradepartmental information and statistical system, according to which the amount of preliminarily investigated crimes connected with drug trafficking committed by organized groups had been increasing from the early 2012 till June 2014. Within the struggle against organized crime (on the example of drug trafficking), the author studies the possibility of cooperation between law enforcement officers and the members of criminal groups on the base of the provisions of the article 40.1 of the Penal Code of the Russian Federation “Special procedure of pretrial decision when concluding a pretrial agreement” as a tactical criminalistical element. The author applies general and special scientific methods, including deduction, analysis, synthesis, the structural-logical method, the statistical method, comparative-legal analysis and other methods of scientific cognition. In the author’s opinion, the application of the provisions of the article 40.1 of the Penal Code of the Russian Federation as a tactical means of “encouragement of a person to cooperation by means of a pretrial agreement” can raise the efficiency of struggle against organized crime, particularly in the sphere of drug trafficking. It will also help solve new crimes and impose liability on persons involved in crimes.

Keywords: plea bargaining, tactics, the investigator, tactical and forensic software, the suspect, the accused, defender, interaction, planning, the Prosecutor

DOI: 10.7256/2310-8681.2014.4.15425

Abstract: The article analyzes the current condition and dynamics of street crime, which is mostly dangerous due to the diversity of its forms and methods of impact on large numbers of people simultaneously. The author pays special attention to the criminogenic determination of this criminal phenomenon. The author offers two variants of further development of the criminal situation, forecasts the development and spread of street crime for a long-term perspective and the measures of its prevention. The author applies the general scientific and special methods of analysis and synthesis, the structural-logical method, the statistical method, comparative-legal analysis, the method of moving from concrete to abstract and other methods of scientific cognition. On the base of the research the author offers the social and special criminological measures of street crime prevention.

Keywords: Victimological prevention, offence, structure, forecast, information, dynamics, system, crime, street, material environment

DOI: 10.7256/2310-8681.2014.4.15557

Abstract: The article deals with the problems of government protection of the participants of criminal proceedings. This institution had developed only in the last decade of the 20th century. The author pays particular attention to the problems of investigators protection. The scope of factual and scientific materials relating to the problems of government protection of the participants of criminal proceedings raises the tasks of their systematization and interpretation. The author applies general and special scientific methods of analysis, synthesis, and comparison, the functional method and the systems approach. The research shows that at present, the illegal pressure on witnesses, aggrieved persons, judges, investigators and other participants of criminal proceedings has become a complicated and multifaceted social and legal problem. Recently, this new phenomenon has spread on practically all categories of criminal cases. The author also outlines the priority directions of study of this problem.

Keywords: security of the person, system, criminal proceedings, participant, government protection, problem, source, analysis, witness, legal proceedings

DOI: 10.7256/2310-8681.2014.4.15807

Abstract: The article considers the peculiarities of the structure of the composition of stealage of especially valuable objects. These peculiarities are determined by the fact that this composition combines various forms of stealage and their compositions differ in the structure of an objective side. Difficulties of the legal structure determination have a negative impact on the establishment of a moment of the finishing of this crime and on the qualification of this crime. Applying general scientific methods of analysis and comparison, the author analyzes the legal structure of the composition of stealing of especially valuable objects and the moment of finishing of this crime. The author suggests to construct all forms of stealage according to the material composition and to change the structure of the composition of robbery. In this case, the composition of stealage of especially valuable objects will be considered material, and the crime will be considered finished since the moment of acquisition of property and the possibility for the guilty person to use the stolen objects.

Keywords: property damage, material composition, special value, subject, stealage, composition, legal structure, peculiarity, the owner of the property, loss of property

DOI: 10.7256/2310-8681.2014.4.15540

Abstract: The paper presents the analysis of the modern condition of the criminal law in the light of the theory of criminalization and decriminalization. The author pays significant attention to the tendency of the criminal policy reflecting the processes of criminalization and decriminalization of deeds. The author notes that decriminalization can be carried out by means of exclusion of criminal punishability of a deed and its recognition as a non-socially dangerous or non-illegal, or its transmission to the category of an administrative, disciplinary or civil delict. The application of the historical, formal-logical, and the systems methods of cognition helped the author to analyze the criminal law in the light of the theory of criminalization and decriminalization. The penal law-making drawbacks and the side effects of criminalization can lead to undesirable consequences: the gaps in penal regulation, a redundant repressiveness, the lack of a necessary interpretation. The excessive criminalization undermines two principles of penal policy: the principle of economy of penal repression, due to the fact that criminal liability is imposed on an unreasonably large number of citizens, and the principle of unavoidability of punishment, due to the fact that often such a law is not used in practice.

Keywords: principle, composition, sign, crime, gap, theory of criminalization, criminal law, novel , definition, decriminalization

DOI: 10.7256/2310-8681.2014.4.15767

Abstract: The article analyzes the modern condition and the dynamics of proliferation of extremism on the territory of the Russian Federation and the Ural federal okrug. With the help of general and special scientific methods, the author characterizes the most dangerous form of extremist activities – the youth extremism. The author substantiates the necessity of development of effective measures of struggle against extremism among youth both in theoretical and practical aspects. The author applies general and special scientific methods, such as the method of moving from concrete to abstract, analysis, synthesis, the structural-logical method, the statistical method, comparative-legal analysis and other methods of scientific research. On the base of the conducted research of the most prominent aspects of youth extremism, the author offers social and criminological measures which can serve as a base of a successful struggle against youth extremism.

Keywords: family, conflict, skinheads, social group, youth, extremism, characteristics, employment, education, generation

DOI: 10.7256/2310-8681.2014.4.15426

Abstract: The article analyzes the current condition of assignment and execution of judicial expertise when checking the reports about economic crimes. The scale of economic crime and its spread, the growing criminal expansion in economics are among the most important problems of the society and the state. Economic crime threats the stability of economic institutions; it is one of the main sources of destructive impact on the processes of social, economic and political development of the country. On the base of the conducted research the author reveals the contradictions and drawbacks of penal legislation, impeding the realization of the mission of penal legislation. The author applies general scientific and the special scientific methods of research: analysis, synthesis, the structural-logical method, the statistical method and other methods of scientific cognition. On the base of the analysis of the current condition of assignment and execution of judicial expertise, using the abovementioned methods, the author formulates the factors, impeding the effective application of the norms of penal legislation of the Russian Federation.

Keywords: forensic classification, economic activity, crime, report, judicial expertise, execution, problem, expert opinion, gap, evidence

DOI: 10.7256/2310-8681.2014.4.15533

Abstract: The article studies the procedural status of an aggrieved person in the case of a criminal infringement on the stage of criminal proceedings commencement. Particularly, the author considers the notion “aggrieved person” in the penal legislation and theory of the Russian Federation and foreign countries, defines the range of competences which should be granted to this person. Special attention is also paid to the aspects of provision of a person with the status of criminal proceedings participant on the initial stage of investigation in the light of changes in the penal legislation. The author uses general and special scientific methods of research: the dialectical, formal-logical, structural-functional methods and modeling. The author analyzes the legislation of Russia and other countries and defines the notion “aggrieved person”, outlines the range of competences, composing the procedural status of an aggrieved person on the initial stage of criminal proceedings. The adoption of these changes would have a positive impact on the regulation of law-enforcement of the provisions of the Criminal Code on the stage of criminal proceeding commencement, and on the provision of rights, freedoms and lawful interests of an aggrieved person.

Keywords: aggrieved person, criminal proceedings, participant, criminal case, person, procedural status, complaint, responsibility, examination, security

DOI: 10.7256/2310-8681.2014.4.15769

Abstract: The article considers anticorruption education as an effective measure of corruption prevention in the bodies of internal affairs of the Russian Federation. The author describes the experience of teaching of the discipline “Corruption Prevention in the internal affairs bodies and the formation of anticorruption behavior of the officers” on the example of the Ural Law Institute of the Ministry of Internal Affairs of the Russian Federation, according to the qualifying requirements to the graduates of the specialities 031001.65 (Law-enforcement activity) and 030901.65 (Legal Provision of National Security). The author applies general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), legal methods (formal-logical) and the methods of special sociological research (the statistical methods, expert assessment, etc.). The author supposes that anticorruption education is one of the most important measures of corruption prevention in the internal affairs bodies. The author concludes that it is aimed at the acquisition and renewal of knowledge, improvement of the officers’ skills in the sphere of corruption combating and the formation of anticorruption standard of behavior. Moreover, anticorruption education of the internal affairs officers should cover general issues of the government anticorruption policy, the experience of foreign states in the sphere of corruption prevention, criminal legislation and special measures and mechanisms of corruption prevention, implemented in the internal affairs bodies (income and expenditure reports, property and property commitments reports, informing about inclination to commit corruption offences, anticorruption inspections, etc.).

Keywords: corruption, service, principle, internal affairs bodies, Anticorruption education, behavior, ethics, morality, standard, measures

DOI: 10.7256/2310-8681.2014.4.16817

Abstract: The author of the article notices the absence of requirements to the criteria of the term ‘scientific school’; substantiates the necessity to develop such criteria and offers her solution of this problem. Applying her positions to the work of the Department of Criminal Procedure of South Ural State University, the author comes to the conclusion that there are all reasons to recognize the existence of the scientific school in the speciality 12.00.09 – Criminal Procedure and Criminalistics in South Ural State University. The author applies general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), legal methods (formal-logical) and the methods of special sociological researches (statistical methods, expert assessments, etc.). The efficiency of the work of the department, based on the traditions of the scientific school introduced by Professor Livshits, is proved by the experience of the scientific work, the work of lecturers and students, the defense of 150 dissertation researches, by the victories of the students in scientific competitions, cooperation with the leading departments of criminal procedure in Russia, by the permanent progressive development of the Department in spite of the circumstances, and by the interesting and original topics of the research.

DOI: 10.7256/2310-8681.2014.4.16818

Abstract: The study is devoted to one of the luminaries of Russian legal science, the honored scientist, Doctor of Legal Sciences, Professor Iurii Danilovich Livshits. The author of the article describes his contribution to the creation and development of the scientific school of criminal procedure in South Ural State University (National Research University). The scientific ideas of Professor Livshits developed into the set of researches of the urgent problems of development and improvement of Russian criminal procedure, carried out by the members of the department. The results of this work were published in the monographs of the members of the department. The author applies general scientific and special methods of cognition: dialectical and formal-logical methods, modeling and structural-functional method. Iurii Danilovich supervised 5 doctors and more than 30 candidates of legal sciences who continue realizing his scientific ideas. Professor always was a very attentive and caring scientific adviser for his students; he always supported them in word and deed. He took care of his students and tried to create the most comfortable conditions for the scientific work, and raised more than one generation of scientists. He consulted his students not only at work, but at home. They became the family friends, and Iurii Danilovich became their elder friend and advisor.

DOI: 10.7256/2310-8681.2014.4.16816

Abstract: On September 12, 2014, a roundtable devoted to the problem of illegal transplantology was organized on the base of the All-Russian Advanced Training Institute of the Ministry of Internal Affairs of the Russian Federation with the support of the regional social organization the “Union of Criminalists and Criminologists”. The event was organized and held within the planned events of the “Union of Criminalists and Criminologists”. The event was held on the base of the educational institution playing an important role in police officers training. Illegal transplantology is a very important problem within the study of transnational organized crime. The roundtable was attended by well-known scholars in the spheres of criminology, criminal law, criminalistics, criminal procedure, psychology and practice. All reports of the scholars and the practitioners were of a large interest and provoked an active discussion. Everyone agreed that it is necessary to struggle against this evil, since it’s one of the reasons of enforced disappearance of people in Russia. In the result of the roundtable, the resolution had been adopted which included the practical positions for the enhancement of work of law-enforcement bodies struggling against illegal transplantation.

DOI: 10.7256/2310-8681.2014.4.15552

Abstract: The draft of a new edition of the Procedural Criminal Code of the Republic of Kazakhstan (the Draft) replaces the collective term “preliminary investigation” with “pre-trial” due to the reforming of the system of pre-trial criminal proceedings. The Draft unifies the procedural form of inquiry and preliminary investigation. On these stages the decision is made about the qualification of the suspects’ deed (the analogue of recognition as a suspect), the indictment (in the PCC of the Republic of Kazakhstan – the bill of indictment), but not the protocol of indictment for the inquiry and not the summary protocol of a simplified pretrial proceedings (including bringing as a suspect and bill of indictment). The author applies general and special methods of analysis, synthesis, the structural-logical method, the statistical method, comparative-legal analysis and other methods of scientific cognition. The Draft establishes the strictly determined list of conditions, undermining this form of proceedings. The accelerated investigation is not allowed in the following cases:- The crime is qualified as an especially grave crime- In the cumulative crime at least one of them is especially grave- The crime is committed by the person who doesn’t know the language of the proceedings- The crime was committed against the persons, possessing the privileges or immunity from criminal prosecution- At least one of the accomplices hasn’t admitted his guilt- The crime is committed by the underage person or a person who due to his physical or psychic disabilities can’t execute his right for defense- Criminal cases in a protocol form

Keywords: protocol, criminal case, pre-trial proceedings, prosecutor, procedural form, investigator, investigator, proving, admission of guilt, advocate

DOI: 10.7256/2310-8681.2014.4.15823

Abstract: The article considers the problem of cybercrime prevention. The definition of the sphere of cybercrime is very important. It will clarify the structure of cybercrime. Within the structure of the Ministry of Internal Affairs the “K” department should deal with the cybercrime cases. The inconsistent fulfillment of this rule in the law enforcement system will cause disorder and abuse of power in law enforcement bodies. Applying the general scientific methods of analysis and comparison, the author studies the legislative construction of a theft of especially valuable objects. The article contains the statistical report prepared by the specialists of the criminalist laboratory of the international company “Group-IB” for 2011 – 2014. According to the report, the total volume of cybercrime in the Russian Federation and the CIS was estimated: in 2011 – $ 2,055 billion, in 2012 - $ 1,938 billion, in 2013 (second half-year) – 2014 (first half-year) - $2,501 billion. Cybercrime is considered by the authors of the report, firstly, in a narrow sense, secondly, as an economic model of crime.

Keywords: computer attacks, liquidation, warning, question, problem , cybercrime, prevention, effectiveness, information resources, economic model of crime

DOI: 10.7256/2310-8681.2014.4.15556

Abstract: The article studies the Russian and foreign experience of research and use of automated information-retrieval systems in investigation and search activities, aimed at the creation of psychological profiles of unidentified criminals who have committed grave and exceptionally grave crimes against personality. The author offers his own concept of the general architecture and functioning of these systems, provides the data about the efficiency of their work and the reasonability of their application in certain categories of cases. The paper presents a theoretical substantiation of the possibility to build a psychological profile of a criminal on the base of mathematical statistics and psychoanalysis. In the research the author applies general scientific methods of analysis, synthesis and comparison, the functional method and the systems approach. The author analyzes the mathematical and psychological methods of study of information about a crime. On the base of Russian and foreign sources the author analyzes the work algorithms of different automated information-retrieval systems, assesses the reliability of their data. The author studies the program architecture of the existing foreign bundled software and the analogous systems, created in Russia; the author offers a concept of functioning of a new Russian system, aimed at the creation of psychological profiles, revelation of the signs of serial crimes and recording of persons belonging to risk-groups. The author comes to the conclusion about the necessity of profiling grave and exceptionally grave crimes with the help of mathematical statistics and psychoanalysis.

Keywords: analysis of versions, database, criminalistic description of crime, modus operandi, automated information-retrieval system, geographical profile, profiling, informatization of investigation, signs of serial crimes, criminal

DOI: 10.7256/2310-8681.2014.4.15542

Abstract: The author analyzes the methodological bases of creation of cost estimating methods, related to the reaction of the society (the state) to crime, particularly, the estimation of costs of ensuring the public authorities’ work, aimed at combating crime and solving other problems, in the situations, when the amount of on-budget expenditures, assigned to the provision of the “reaction” to the fact of committing a crime (detection and imposition of criminal liability), is not normatively established. The author applies general and special scientific methods: analysis, synthesis, the structural-logical, statistical, and other methods of scientific cognition. The author proposes his own methodology of public costs estimating, related to the court’s activities in criminal cases consideration, based on the time, spent by courts on criminal cases (materials) consideration. As additional variables, the author offers considering the amount of such work, the budget of these agencies, the normative production resources per worker in a year, the actual number of workers of the agency, who are responsible for these duties. The author concludes about the need for adopting new judges’ workload norms.

Keywords: analysis, foundation, technique, assessment, distribution cost, reaction, society, criminality, expense, counteraction

DOI: 10.7256/2310-8681.2014.4.15429

Abstract: The article studies the ideas of determinism and indeterminism, which had developed in philosophy, later in religion, and only at the turn of the 18th – 19th centuries found their reflection in philosophical and legal studies. These two opposite directions in the approach to the understanding of freedom of the will significantly influenced the formation of the basic directions of criminal law development: classical, anthropological and sociological. The history of the Russian doctrine was influenced by the all three mentioned directions of criminal science, though with different strength. The analysis of the most significant studies in the fields of philosophy, theology, and politics gives the opportunity to reconsider the freedom of the will as a basic category of criminal law, reflected in almost all institutions of criminal law. The author comes to the conclusion, that at present the concept of agnosticism, previously proposed by the sociological school of criminal law, should be applied: it’s not possible to solve the problem about the existence of the freedom of the will once and for all, but it is possible to assume that it exist, and to form criminal law on this assumption.

Keywords: freedom of the will, determinism, indeterminism, criminal law, criminal law school, The philosophical approach, absolute determinism, philosophy, strong-willed agnosticism, dogmatism

DOI: 10.7256/2310-8681.2014.4.15553

Abstract: The article considers particular disputable issues of decriminalization of a deed from the viewpoint of its consideration as a circumstance eliminating criminal liability. The author touches upon various aspects of the problem, adduces the existing viewpoints and formulates his own position. Particularly, the criminal law doesn’t differentiate the absence of components of crime per se and the absence of components of crime due to the decriminalization of a deed, both from the viewpoint of reasons for termination of a criminal procedure and from the viewpoint of emergence of the right to vindication. The author applies general scientific and special methods, including analysis and the structural-logical method. The author concludes that decriminalization of a deed should be considered as a circumstance eliminating criminal liability. The act doesn’t contain the components of crime and such signs of crime as illegality and punishability. The author supposes that at present there exist theoretical, material-legal and procedural reasons for considering decriminalization of a deed as a circumstance eliminating criminal liability. The similar approach should be applied for defining a legal nature of the absence of the criminal law.

Keywords: Decriminalization, act, circumstance, exclusion, criminal liability, doctrine, offense, in abstracto, censure, rehabilitation

DOI: 10.7256/2310-8681.2014.4.15825

Abstract: The study of criminological aspects of migration security provision in the Asian part of Russia allows arguing that the situation with migration in different parts of the Russian Federation is heterogeneous; thus, the criminogenic factors, caused by such heterogeneity, are also different. Therefore, the author supposes that there are differences in the character and intensiveness of migratory processes, which can influence the dynamics of the related criminogenic factors formation. The article focuses on the “migration security”. The methodology of the research is based on the unification of sectoral and geographical components of the studied questions in a single construction. The author substantiates the complex of measures, aimed at the protection of public and government interests from particular challenges; this complex can be generally characterized as a criminological paradigm of migration security provision in Russia with regard to the regional peculiarities of some territories. The achievement of the research goals is connected with the implementation of particular methodological approaches and the solution of a set of scientific tasks.

Keywords: criminogenic background, criminological provision, immigration, security, safety, Asian part of Russia, criminological typology, migration processes, threats, factors

DOI: 10.7256/2310-8681.2014.4.15827

Abstract: The article studies the peculiarities of examination, search and seizure of special software of a mobile automated workplace which should include: - Means of access to the database of stolen things and values and to the database of persons; - A reference system (an expert system) of the tactical mechanisms of examination, search and seizure; - A program of procedural registration of the results; - An educational system and a system of employees’ knowledge, skills and abilities control. The author applies general scientific and special methods of cognition: the dialectical, formal-logical, and structural-functional methods and modeling. The use of a mobile automated workplace is possible not only in relation to investigative actions. The sphere of its application is determined by the software, the volume and the content of databases. Thus, in order to increase the universality of an automated workplace, it is necessary to provide the access to external databases (fingerprint files, criminal cases files, normative information, etc.), and to consulting and expert systems of the Ministry of Internal Affairs of the Russian Federation in the software. It will allow using personal computers for investigative actions on any stage of investigation. The use of such systems will increase the efficiency of investigation of crimes and make the work of an investigator easier.

Keywords: Opportunity, workstation , investigation , offense, investigative action, coding , algorithms, passport, area , disk

DOI: 10.7256/2310-8681.2014.4.16540

Abstract: The analysis of criminal legislation after 1917 shows that, due to certain objective and subjective factors, there’s been no proper continuity in relation to the norms of classification of crimes. The class approach had prevailed in the formation of various groups and types of criminal deeds, and later crimes classification completely lost its practical meaning. The imperfection of crimes classification in the existing legislation was noted by 96% of practitioners and 92% of scientists interviewed during the expert survey of specialists. 91% of the interviewed scientists and 88% of practitioners voted in favor of amending of the General part of the criminal code with a special norm of crimes classification with the consideration of their social danger. The methodology of the research is based on the theoretical provisions of materialistic dialectics, philosophical literature and logic. As the legal base the author applies the provisions of the current criminal, procedural, correctional and other branches of law. The author pays attention to the analysis of criminal legislation of pre-revolutionary Russia and other states. Many aspects of the work are considered in their relation to the development of the fundamentals of criminal legislation of the USSR and the republics which had been adopted on July 2, 1991. The candidate offers the version of the article about the grave crimes category: 1. Grave crimes are intentional deeds infringing on life and health of a person, property, management, activity of public authorities and tribunals, committed in dangerous ways and causing grave consequences, which lead to the deprivation of liberty for the term of 5-10 years. 2. The law defines the following groups of grave crimes: - grave crimes A which are punished by deprivation of liberty for the term of 8-10 years; - grave crimes B which are punished by deprivation of liberty for the term of 6-8 years; - grave crimes C which are punished by deprivation of liberty for the term of 5-6 years. In the conclusion the author formulates the main finding of the dissertation, the most important of which are listed in this article.

Keywords: reform authorization, role, branch, criminal law, criminology, Signs, crimes, classification, fight, sanction

DOI: 10.7256/2310-8681.2014.4.16261

Abstract: The new reforms in our state and society presuppose the need for cardinal changes in the legislative activity. The important role of the criminal law concerns the future of the society and its members. While reforming criminal legislation, it is necessary to take into account that its standards and principles of humanism and justice should consider the experience of the criminal-legal system and pre-revolutionary Russia. All positive moments of the Soviet criminal law need to be taken into consideration. The methodology of the research includes the theoretical provisions of dialectical materialism, philosophy and logic. As the legal base the author uses the provisions of criminal law, criminal-procedural legislation, correctional legislation and the provisions of other branches of law. The category of grave crimes is a special group of premeditated crimes causing serious consequences. This definition should be included in the Criminal Code. The author offers several amendments to the content concerning grave crimes. The characteristics, determining the definition of grave crimes, should be preserved as a base for the decision about the inclusion of a particular crime in the category of grave crimes.

Keywords: crime, system, reforms, Criminal law, Soviet, crime, serious, category, base, security

DOI: 10.7256/2310-8681.2014.4.15828

Abstract: As I’d been doing for ages, one Saturday I dropped in the “Moskva” bookstore. In the second-hand department, among lots and lots of books, I suddenly noticed a massive, thickly brown volume in a heavy, as if armored, cover. Lev Romanovich Sheinin was a person with an unusual biography and an amazing fate. That time he interested me also because I was working on the novel-chronicle about the Nuremberg trials, in which Sheinin had participated and even had been drawn into a serious intrigue, which eventually turned very sadly for him… Lev Romanovich Sheinin died more than forty years ago, and only few people now remember his past deeds and sufferings, but his books are still republished and read with a huge interest. His name is associated with creative work, which, according to him, cured his soul and helped him to live. “Only in creative work, - said an outstanding Russian lawyer and writer Anatoly Fyodorovich Koni, - there is a joy. All the rest is a dust and vanity”. How right was he…The author of the article uses the formal-logical and the structural-functional methods of cognition.