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Publications of Komarov Anton Anatolevich
Legal Studies, 2020-4
Komarov A.A. - Research on the question of determination of the total number of fraud victims committed via Internet pp. 29-45

DOI:
10.25136/2409-7136.2020.4.32627

Abstract: The object of this research is the statistical aggregate of people who by objective (external) reasons are prone to become the victims of fraud within the Russian segment of the global computer network. The subject of this research is the quantitative aspect of the aforementioned phenomenon. Special attention is given to the search of effective methods for determination of quantitative aspects of victimization. The goal consists in most accurate assessment of the total number of the potential victims of fraud committed via Internet. The main results of this work contain the most accurate among previously existed in criminology numbers of: potential victims of fraud in the Internet (the author specifies the number of users of the Russian segment of Internet aged from 6 to 80), persons out of 24-hour Internet audience of criminogenic age; and a number of statistical indicators of victimization. All of the listed above can assist proper organization of research carried out by scholars dealing with the problems of cybercrimes.
International Law, 2017-1
Komarov A.A. - Jurisdiction of transnational cybercrimes in the system of common law pp. 26-37

DOI:
10.7256/2306-9899.2017.1.20270

Abstract: The object of this article is the system of common low in the part that contains the legal institution of operation of criminal law in the legal space. Due to the specificity of common law, the subject of this article consists not just in the norms of the written (statutory) law, but also the judicial precedent that reveal the peculiarity of operation of the criminal law in the legal space. In this work, the area of scientific search is limited by the criminal legislation of two countries that most vividly reflects the historical essence alongside the features of common law: the United States and Great Britain. The work also touches upon the legislations of the countries of common law, which have the codified criminal legislation: Canada, Australia, and others. The scientific novelty consists in the fact that the analogous research are carried out not that often and until present day did not examine the questions of operation of the criminal law in the Internet. Therefore, the author for the first time has acquired a new, scientifically important result regarding the attitudes of the foreign legal experts in this sphere towards the previously conducted research pertaining to the Russian legislation. Multiple positions of the British and American legislation have been translated into the Russian language for the first time, as well as interpreted in terms of our research, which allowed formulating the specific practical conclusions.
Legal Studies, 2016-12
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. 
Law and Politics, 2016-10
Komarov A.A. - Jurisdiction of transnational computer crimes in accordance with the German legislation

DOI:
10.7256/2454-0706.2016.10.20359

Abstract: The subject of this research is the system of norms of criminal legislation that defines the boundaries of its jurisdiction. The author sequentially refers to the norms of Russian and foreign legislation in order to provide a comprehensive analysis of this topic. In this particular case the author uses German criminal code and compares it with its current Russian counterpart. For this purpose we have examined the examples of formalization of the territorial, personal, passive personal, real and universal principles in the German Criminal Code. The scientific novelty of this research consists in the fact that the author is first to base the analysis on both, the current criminal laws of Russia and Germany, as well as the historical sources (Criminal Code of the RSFSR and Criminal Code of the GDR), which undoubtedly affected the doctrine of criminal law. The author was able to determine the certain regularities in development of German criminal law, which distinguish it from Russian legislation, as well as legislation of the countries of Common Law.
Legal Studies, 2016-8
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. 
International Law, 2016-4
Komarov A.A. - On criminal jurisdiction of Russia in the Internet applicable to acts according to the Article 159.6 of the Criminal Code of the Russian Federation pp. 1-10

DOI:
10.7256/2306-9899.2016.4.18002

Abstract: The subject of this research is the principles of  the function of Russian national law and foreign countries, as well as the issues that emerge in resolution of collision of jurisdictions of two states with various legal systems. The global Internet is viewed as the peculiar field of function of the legal norms, which introduces its specificity intro the problem of demarcation of the criminal justice of several countries. Due to this fact, this article analyzes various approaches towards the determination of the limits of action of the criminal jurisdiction of Russia in the global Internet. For solution of the set tasks, the author used the comparative-legal method, initially applying the grouping based on the affiliation to various legal systems of the world, as well as the method of analogy for transferring the effective methods of legal regulation from the private international law into the public (criminal) law. The main conclusion of this research consists in the concept of combination of principles on demarcation of the criminal jurisdiction of several state, which is based on separate principles of the function of the private international law, used for resolution of the commercial disputes in the Internet. The author is first to test practically all of the known principles of the private law applicable to fraud, committed through Internet, which allowed efficiently solving the task at hand.
International Law, 2016-2
Komarov A.A. - Universal jurisdiction of criminal law pertaining to crimes committed through Internet pp. 26-37

DOI:
10.7256/2306-9899.2016.2.19355

Abstract: The subject of this research is the combination of theoretical ideas about the limits of power of criminal law in accordance with the universal principle. This work analyses the main postulates of this principle with application to the realities of the past and modernity; critically evaluates the legal formulations selected by legislator in order to restrict the boundaries (peculiarities) of power of the aforementioned principle; as well as examines the prospects of adaptation of its positions towards the crimes committed through the Internet. For achieving the set goal, the author formulated several tasks which have been solved by the analysis of the existing doctrinal positions in the area of Russian and foreign criminal law. The main conclusion consists in the fact that the universal jurisdiction is the most used mechanism for the proper establishment of criminal responsibility for cybercrimes. The expansion of an object field of the international criminal law can become a required element necessary for implementation of the universal principle of criminal law.
Legal Studies, 2016-1
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. 
Legal Studies, 2015-11
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. 
Urban Studies, 2015-4
Komarov A.A. - Park topography in a megapolis: the issues of crimeproof zoning and arrangement of recreational areas pp. 22-32

DOI:
10.7256/2310-8673.2015.4.16721

Abstract: The subject of research within the topic at hand is the problem of arrangement of large and small park areas located within the borders of large cities. The author thoroughly reviews the aspects of zoning of park territories, security equipment layouts, visiting schedule, as well as recreational area locations, and their accessibility and connection to criminogenic objects. The author studies different kinds of park areas and recreational territories and evaluates their criminal vulnerability, as defined by their characteristics. This research uses traditional methods employed in the study of "geography of crime".  Those methods include territory mapping and a variety of statistical methods. The main conclusions of this work are as follows: first, in order to reduce criminal risks, priority should be given to developing smaller-scale recreational territories within a city block. Social control over such areas partly falls on the shoulders of the local population. Local self-governments have proven to be instrumental in this.Secondly, there may not be a universal approach to crime-proof security of smaller park territories and larger park areas. Larger areas have masses of people with no social connections to eachother meet and mingle. In this particular case, civil control becomes powerless. Mass events and mass recreation requires the materiel resources of local self-government and public authorities to be used. This is why it is necessary to develop both approaches in enabling safe recreation in parks and squares. Thirdly, mapping and arrangement of park areas and smaller recreational zones, we need to consider that any empty spots in the city must be surveyed and landscaped. Otherwise they become areas that stimulate a psychological fear in the face of possible danger.When planning new recreational areas, it is necessary to make them easily viewable from neighbouring streets, and from the windows of nearby houses. It is also necessary to remember that the most optimal, security-wise, is the construction of new buildings only on free areas, without intruding on established natural areas.
Security Issues, 2015-4
Komarov A.A. - Legal regulation of the Internet for the prevention of crimes against children pp. 28-48

DOI:
10.7256/2409-7543.2015.4.17103

Abstract: The object of the research is the range of social relations emerging in the process of ensuring sustainable moral development of children in the Russian Federation.The subject of the research is the influence of information and communication technologies on young people. The author studies the computer technologies influence on children and describes the examples of foreign approaches to the regulation of freedom of information exchange by means of the modern telecommunication technologies. The article studies the particular examples of foreign legislation, aimed at the prevention of offences involving modern means of communication.  In order to solve the tasks of the research, the author applies the set of methods of the contemporary science. The author applies statistical analysis of the information about the condition of social relations, involving children, in the Internet. He uses the comparative method for the systematization of methods of legal regulation, applied in the Russian and foreign lawmaking. The main result of the work is the systematized set of ideas about the methods of legal regulation of social relations, involving children, in the Internet in various countries of the world. The author outlines the ways of legal regulation of the national segment of the Internet in Russia; offers the ways of international cooperation on the issues of mutual legal assistance in the sphere of Internet law. 
Police and Investigative Activity, 2015-4
Komarov A.A. - Criminological Research of Corruption in Higher Education: the Problem of the Empirical Material pp. 54-67

DOI:
10.7256/2409-7810.2015.4.17296

Abstract: In his research Komarov has focused on the problem of extraction of empirical information (data) from existing sources for the purpose of conducting a full criminological research. The researcher has analyzed both official sources and their data regarding the level of corruption in the sphere of education as well as corruption issues determined by the doctrine of criminal law and criminology. Komarov has also analyzed the quality of criminological research sources on the matters of corruption in the sphere of education. The author performs a critical evaluation of activities conducted by state authorities and nongovernmental agencies as well as particular scientists in order to assess the level of corruption in the sphere of education. Thus, the research methodology has predetermined the need to create a classification of the sources of criminologically important information about the level of corruption depending on the degree of their accuracy and completeness. The main conclusion of the research is that the majority of existing sources on corruption and corruption offences in Russia are actually 'hidden' from members of the general public, which obviously influences the course and results of criminological researches. Thus, the declared principle of 'transparency' is, in fact, not fulfilled in the sphere of anticorruption efforts in our country. 
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