DOI: 10.25136/2409-7543.2024.1.69010

Abstract: The relevance of the study is due to the increase in crimes on funds operating in non-cash form. In the future, the development of the digital economy will be associated with an increase in such risks. In this regard, the authors have made a comparison of the Russian and Chinese experience of their minimization. In both countries, there is a steady increase in the number of thefts committed using illegal access to digital payment systems. At the same time, criminal law norms designed to counteract fraudulent actions have certain drawbacks. The judicial interpretation of these norms is also ambiguous. In conditions of limited functioning of international payment systems, theft of non-cash funds can be committed in new ways. In the future, non-cash payments will increase in volume, so it is necessary to improve the security of their conduct. The authors used a comparative legal method, as well as analysis and synthesis, which made it possible to give the study a complete character. The article summarizes the Russian and Chinese experience in countering the theft of funds deposited in non-cash form. Since the share of non-cash payments in Russia and China is significant, not only economic entities, but also citizens are involved in their turnover. The latter, not having financial literacy, can become victims of fraudsters. The state policy regarding the regulation of non-cash payments is built in the direction of establishing control over the functioning of electronic platforms. However, this does not seem to be sufficient, since it does not reduce financial risks. The criminal legal field remains virtually the only lever to counteract this type of theft. At the same time, the structure of the criminal law prohibition does not reflect the nature and degree of public danger of fraudulent actions and does not clearly distinguish them from secret theft.

DOI: 10.25136/2409-7543.2023.4.69008

Abstract: The authors analyze the main determinants of the spread of the ideology of Nazism among young people. The authors consider general social and special criminological measures for the prevention of criminally punishable manifestations of the ideology of Nazism. In the modern period, the spread of the ideology of Nazism is characterized by a high social danger, therefore, the development of a set of measures aimed at preventing it is of exceptional importance. To date, there are a number of legal instruments designed to punish persons who share Nazi views and implement them in concrete actions. However, the legal provision for the prevention of manifestations of socially dangerous behavior is not characterized by completeness and does not have a full-fledged basis. The general structure of criminological prevention of the spread of the ideology of Nazism has not been developed either. The authors substantiate the modern concept of its implementation. In the course of the study, standard general scientific and private scientific methods were used: formal-logical, system-structural, comparative-legal. Scientifically based recommendations aimed at clarifying the boundaries of preventive activities are formulated. It is proposed to use general social, special criminological and individual preventive measures to prevent manifestations of the ideology of Nazism. Special emphasis is placed on the information and propaganda and counter-propaganda vectors of prevention. The authors draw attention to the fact that the need to improve the criminological prevention of manifestations of the ideology of Nazism among young people is due to the lack of legal certainty in the provisions of the law regulating the conditions for criminal prosecution, the lack of an organized system of preventive impact, general unfavorable trends in the spread of the ideology of Nazism among young people. At the same time, it is quite important to distinguish between imitation of preventive activity and its actual implementation. In this regard, the authors substantiate the important role of patriotic education of young people.

DOI: 10.7256/2454-0633.2023.4.69286

Abstract: In the modern period, the danger of spreading Nazi ideas remains high. The object of the study is social relations arising from the qualification of encroachments related to manifestations of the ideology of Nazism. The subject of the study is the norms of Russian legislation on countering extremist activities. The authors pay special attention to comparative legal analysis, considering the foreign and international experience of legal regulation countering the rehabilitation of Nazism. Extremist activity is a multifaceted concept, and manifestations of the ideology of Nazism, including its approval, the demonstration of Nazi symbols, and the distribution of relevant literature, are only part of it. At the same time, such actions form the ideological basis of extremism, as a result of which they require independent criminalization. Foreign and international experience in this area deserves attention and potential consideration. The methodology of the study is based on the comparative legal method, since it has a comparative orientation. In addition, the authors used a wide range of general scientific methods. The main conclusions are based on the thesis that the legislator recognized the identical public danger of any manifestations of the ideology of Nazism, including those that are not related to aggression and the commission of crimes motivated by hatred or enmity. When improving anti-extremist legislation, it is necessary to take this circumstance into account. The novelty is characterized by the results of the analysis of foreign experience in criminal law regulation and the legal positions of the UN General Assembly, which bring a certain unity to the terminological range necessary for the organization of effective identification and correct qualification of socially dangerous encroachments associated with the spread of Nazi ideology. Extremism is not limited only to manifestations of the ideology of Nazism. Equally, it can be concluded that manifestations of the ideology of Nazism can be isolated taking into account the motive of hatred or enmity. However, in practice, a considerable part of extremist activity is motivated precisely by the approval (overt or veiled) of Nazi ideas, or represents their modernization.

DOI: 10.7256/2454-0633.2023.1.40082

Abstract: The authors examines the legal positions formulated by the European Court of Human Rights in relation to the compliance of Russian legislation and the practice of its application with the criteria of inadmissibility of cruel and humiliating treatment of convicts. Despite the termination of Russia's cooperation with European inter-state human rights bodies, the long experience of interaction with them has made it possible to identify certain shortcomings in the national penitentiary system and outline ways to eliminate them. A number of decisions of the European Court of Human Rights have been creatively interpreted in Russian legislation, and this has contributed to improving the legal status of persons sentenced to imprisonment.  Based on a critical analysis of the key negative characteristics of the penal enforcement system, the authors identified the main directions of the impact of the decisions of the interstate human rights body on the formation of a new penal enforcement policy that contributes to improving the protection of the rights, freedoms and legitimate interests of citizens serving a sentence of imprisonment. To date, the relevance of this has remained, although the legal positions of the European Court of Human Rights are not and have never been sources of Russian law. The improvement of penitentiary legislation is a significant direction of the criminal policy of the state, therefore, the author's conclusions are of interest for rule-making activities.

DOI: 10.7256/2454-0617.2022.2.38228

Abstract: The subject of the study is violent interpersonal conflicts motivated by emotional states of jealousy and revenge or their combination. The research used a methodology based on the principles of dialectical cognition and including generally recognized scientific methods used in conflictology and jurisprudence. The author refers to moral norms in their relationship with the law, as well as in their perception by a person committing a violent crime motivated by jealousy or revenge. On this basis, recommendations have been developed that have scientific value for the further development of the theory of interpersonal conflicts and practical significance for use in the process of establishing the circumstances of the commission of violent crimes related to their subjective side. Author established the features of the intellectual element of the intent of a person committing a violent crime motivated by jealousy or revenge. Due to a distorted perception of moral norms, such a person has a tolerant attitude to violence, which in his mind is considered permissible out of jealousy, revenge or in the presence of a combination of these motives. The scope of application of the research results is practical conflictology and prevention of violent crimes. The scientific novelty of the study is due to the author's approach to establishing the peculiarities of the subject's perception of violent crime of moral norms, the distorted interpretation of which allows him to show aggression out of jealousy or revenge. It is substantiated that a subject who commits a crime out of jealousy or revenge violates generally recognized norms of morality, and his behavior in the event of an interpersonal conflict has an increased public danger equivalent to the public danger of hooligan motives. Taking into account these circumstances both in the development of methods for resolving interpersonal conflicts and in the prevention of violent crimes seems necessary.

DOI: 10.25136/2409-7810.2022.2.38155

Abstract: The subject of the study is the characteristics of jealousy as an emotional state that generates criminal aggression and circumstances that increase the public danger of violent crimes committed on the motive of jealousy. The study used a set of generally recognized scientific methods (the method of dialectical cognition, analysis and synthesis, historical-legal, formal-logical, etc.), which allowed us to obtain reliable and representative results. In the text of the article, the author refers to the legal, religious, psychological characteristics of the phenomenon of jealousy, as well as to the provisions of domestic criminal legislation of various historical periods. On this basis, relevant recommendations have been developed that have the prospect of being used in the preventive activities of the police. The main results of the study are the refutation of the ideas of jealousy as a socially neutral motive of crimes, which are widespread in the legal doctrine. The scope of application of the research results is the preventive activity of the police in the direction of preventing violent crimes in the sphere of family and household relations. The scientific novelty of the research lies in a comprehensive understanding of the destructive phenomenon of jealousy, based on the synthesis of scientific knowledge related to a number of humanitarian areas. As conclusions, the parameters of increased public danger of crimes committed on the motive of jealousy are substantiated. Their accounting will be useful in order to optimize the preventive activities of the police in terms of preventing violent crimes.

DOI: 10.25136/2409-7543.2022.2.38257

Abstract: The subject of the study is the norms of the current criminal legislation establishing responsibility for the commission of murders, the specifics of the motivation of criminal encroachment by feelings of jealousy and revenge, the principles of distinguishing the subjective side of murders committed as a result of a quarrel or in the presence of personal hostility, and murders committed in a state of passion. On the basis of a combination of general scientific and private scientific methods, the author revealed the ratio of jealousy and revenge in the structure of motivation for murders, revealed the peculiarities of the emergence of affected intent. At the same time, the results of studying the materials of criminal cases were used, on the basis of which the conflicting rules of qualification of attacks on life were revealed. The scientific novelty of the conducted research consists in refuting the established stereotype regarding the exclusively provocative role of the victim in the formation of intent to murder, qualified under Article 107 of the Criminal Code of the Russian Federation. The author proves that not only the behavior of the victim, but also the emotional sphere, reflected in the consciousness of the guilty and characterized by the parameters of jealousy or revenge, forms an affected intent. The author's conclusions have scientific novelty in terms of distinguishing situations in which the motive of jealousy and the motive of revenge acquire a dominant meaning in the structure of intent, but it can be both spontaneous and premeditated.