Law and Politics - rubric Law and order

Abstract: The article is devote to the most complicated issues of qualification of socially dangerous acts in the sphere of psychoactive substances, as based on unlawful use of achievements in the sphere of chemical synthesis, selection, technology of production of substances and materials. The author establishes the need for use of means of criminal legal regulation in order to fight non-traditional (acoustic, electromagnetic) means of influence on psychological functions of a human being. Keywords: jurisprudence, law, psychoactive, substances, narcotics, dependency, health, qualities, poisoning, i-dosers

Abstract: This article includes comparative analysis of the key crimes against property (theft, robbery, plunder, scamming under the legislation of the Russian Fedderation an other foreign states, points out positive and negative features. Keywords: jurisprudence, politics, crimes, property, Russian Federation, Poland, US, England, Germany, France

Abstract: The article includes characteristics of civil law, administrative and criminal measures for protection of intellectual property under the Russian legislation, The author also analyzes the criteria for distinguishing these measures, as well as the tendencies of their development. Keywords: jurisprudence, intellectual activity, intellectual law, objects of intellectual property, intellectual piracy, intellectual activity, copyright, related rights, licensee, elements of offence

Abstract: The article is devoted to the types of means of restraint towards juvenile accused and suspect persons. The author analyzes problems of choice of particular types of restraint, offers to introduce a new type of restraint measure. Keywords: jurisprudence, criminal, measures, juveniles, suspect, accused, specialized, institution, review

Abstract: Review: the article includes analysis of the system of criminal legal norms, which are aimed to protect the minors from criminal encroachment. The author classifies them, establish some systemic problems, analyzes object and contents of Chapter 20 of the Criminal Code of the Russian Federation, and makes offers to amend and improve these provisions. Keywords: jurisprudence, crime, minors, politics, encroachment, children, protection, system, law

Abstract: This publication casts light upon the early stage of formation of the Russian criminal legislation on protection of intellectual property from criminal encroachment. This publication includes analysis of the acts of the Russian Empire, which established criminal responsibility for the intellectual property violations, as well as the views of a number of scientists on some novelties in this sphere. Keywords: jurisprudence, Manifest of 1812, Statute on the Authors of 1928, Criminal Statute of 1845, Criminal Statute of 1903

Abstract: The author evaluates the characteristics of acceptable investigation and other activities at the stage of initiation of a criminal case. It is proven that the stage of initiation of the criminal case is not fully regulated, which leads to various interpretation of the issues of acceptability of certain investigative and other activities. The author establishes procedural problems, which need immediate solution, and offers to make amendments to the Criminal Procedural Code of the Russian Federation. Keywords: jurisprudence, application of law, investigation, criminal, process, initiation, acceptable, information, check-up

Abstract: Currently the criminological studies fully proved their necessity for guaranteeing the security of the state. Economical security in the sphere of turnover of precious metals and natural precious stones depends on state policy in the sphere of economical crime as a whole. It is important to ensure economic, social, criminal legal and investigative grounds for such policy and to implement it under the current legislation. Keywords: jurisprudence, precious metals, precious stones, economic crimes, criminal science, fighting crime, security of the state, ensuring security of the state, criminal science study, foreign currency values

Abstract: The article is devoted to evaluation of witness immunity of the deputy, with due attention paid to deputy immunity and witness immunity. Is witness immunity a separate category of guarantees of deputy’s activity, or is it a separate element of deputy immunity. The author evaluates the scope of deputy immunity at federal and regional level. Keywords: jurisprudence, immunity, Parliament, deputy, lack of responsibility, guarantee, functions, problems

Abstract: The article includes analysis of need to address efficiency of criminal law from the position of its costs and consequences of its realization, the author analyzes category of efficiency and its criminal law limitations, joint and separated efficiency of criminal law-making and law-enforcement. Keywords: jurisprudence, law, law-enforcement, crime, criminality, mechanism, optimal, results, efficiency, usefulness, setting goals

Abstract: In order to establish and investigate crimes in the sphere of unlawful turnover of precious metals and stone, it’s necessary to establish both the mechanism and the stages of such crimes. The key element of mechanism is an illegal turnover. By analyzing the mechanism of such crimes, one may single out stages of illegal turnover. Keywords: turnover of precious metals, turnover of precious stones, crimes, illegal turnover

Abstract: In this article the author reviews various means of self-maiming by the army servants, committed in order to avoid army service. Use of special knowledge of medical and criminal sciences is necessary in order to obtain evidence of self-maiming by the suspect, and establishing the goal of the crime. Keywords: army service, army dodging, avoiding army, self-maiming, crime, expertise

Abstract: The modern criminal situations in Russia as well as the analysis of the statistical data provide a rather troublesome picture of juvenile crime. In order to change this negative tendency, there’s an obvious need for the throughout analysis of the quality and quantity of juvenile crime as such. As the author of this article points out, there’s urgent need for the formation of the information database on the objects of preventive measures. Use of the information in the database allows to improve the quality of organization and co-ordination of activities of all of the subjects of preventive measures.

Abstract: This article is written within the framework of the studies of the fundamental problem – correlation of tradition and transit in formation of Russian parliamenarism. The approach to the historical tradition and the succession of the representation of the people, its adaptation to the modern Russian parliamentarism is due to the need to understand the nature of people’s rule in Russia, to uncover the historical, theoretical and political bases of this branch of government, to understand why it is not as efficient as it could be. This is the goal of this article.

Abstract: In Russia today to solve the housing problem one needs to build huge amounts of living quarters, and it is clear that the partnerships of the state and the private entrepreneurs shall be necessary. The perspectives of such partnerships are currently a subject to much discussion, while there’s an obvious lack of clarity and definition to this new economic institution. What should it be like in order for it to be effective and not to allow for the growth of corruption in the sphere of housing?

Abstract: As the author of this article points out, the analysis of the existing Russian legislation and judicial practice allows to draw a conclusion on the lack of unified approach to the consequences of the gross violation of the legal norms by a legal entity. This article is devoted to the study of existing legal problems and contradictions in theory and practice.

Abstract: The topical issue of protection of people from the negative aspects of use and distribution of weapons in the society have become the subject of the study in relation to the types of weapons and their differentiation in the Russian Federation.

Abstract: The legislator seems to vary its criminal policy, when it comes to positive and negative post-crime behavior. This article is devoted to the detailed study of criminal norms related to these two types of behavior.

Abstract: In the context of the constantly occurring scientific and technological revolution, the fight against illegal handling of high-risk material objects is becoming increasingly important. This is one of the important directions of criminal law policy due to the multiplicity of objects of legal protection that may be harmed by such objects, the increasing number and varieties of such objects, the increase in the number of accidents, catastrophes, challenges to law and order using such objects. The article by I.I. Bikeev discusses current problems in this area.

Abstract: New Criminal Procedural Code of the Russian Federation brought a changed perspective to the provisions on the purpose of the criminal judicial procedure, and a different level of goals of this procedure. However, the formulation of a new purpose of the criminal judicial procedure causes much heated discussion among both practicing lawyers and legal scholars. As the authors of this article note, in fact, the new Code altogether lacks mention of goals of criminal judicial procedure as such, which is probably one of the key defects of the Code, which may cause various negative consequences. The defect itself is in incorrect use of terminology, confusion of goals and functions of the criminal judicial procedure…

Abstract: Article is devoted to the problem of legal capacity of the apatrides, foreign citizens and legal persons. This is one of the most topical issues of Russian land law. Authors review the history of the issue, gaps in Russian land legislation and court practice (such as Mineral Knauf case). The article also contains analysis of the issue of constitutionality of a number of provisions of land law, and of practice of the Constitutional court of the Russian Federation.

Abstract: The growth of armed crimes and illegal turnover of arms is one of the key problems in the modern world and modern society. It is clear why illegal production, transfer and turnover of firearms and light weapons are a threat to the security at national and international level alike. Another topical problem is how to protect the people from the negative consequences of spread and turnover of illegal arms. This article includes international and national legal norms on turnover of particular types of arms.

Abstract: This article by K.V. Guryanov includes the study of problem aspects in the sphere of realization of counterfeit software. The author also provides the criminological characteristics of a possible distributor of counterfeit products.

Abstract: The constitutional justice bodies have been working for more than two decades in a number of subjects of the Russian Federation, mostly in the nation-based constituent subjects formed as Republics. This article by A.A. Devlikamov includes analysis of the constitutional justice in the constituent subjects of the Russian Federation, its topical problems…

Abstract: For six years by now in Russia there’s a new procedure for confinement under guard of persons accused of crimes, which is based on a judicial act. The first years of experience show the smaller number of persons, to whom this measure is applied, however, now its’ late years of application show the opposite, which worries legal scholars and practitioners alike. This article by L.K. Aivar is devoted to this problem.

Abstract: As I.L. Trunov points out, the legal status of the juvenile prisoner and the guarantees of his rights should be in compliance with the Constitution of the Russian Federation and the international guarantees, and his status also has special features compared to general status of prisoner…

Abstract: This article of V.V. Kolosovsky includes the study of a number of qualification mistakes in evaluation of necessary defense. The author also studies the definition of criminal legal qualification of necessary defense and its elements.

Abstract: In the USA juridical persons may be held criminally responsible. This article by P.N. Biryukov includes the study of various aspects of this specific legal institutions with due regard to state legislation regulation of such issues.

Abstract: The need for reforms in the sphere of road management in the Russian Federation is due to the large-scale goals of development of roads, as established by the President and the Government of the Russian Federation. What is the possible role of concession agreement and paid roads in the process of the reform?

Abstract: Based on norms and provisions of the Customs Code of the Russian Federation this article is devoted to the study of such an administrative violation as illegal transfer of goods and (or) means of transportation through the border of the Russian Federation, it establishes the meaning of key elements of customs relations within this type of offence.

Abstract: In this article the author pays attention to some aspects of methods of investigation of crimes in the sphere of professional legal counseling. The growth of number of such crimes allows to establish a number of phenomena and problems in the work of the law enforcement bodies, which can be resolved with the use of scientific study of investigation practice and improvement of existing methods.

Abstract: Under Art. 256 of the Criminal Code of the it is criminally prohibited to frustrate the elections or to impede the election rights of electors and their representatives with use of threats, violence, fraud, bribing, forgery of election documents, provision of false information on a number of election bulletins and other similar means with the aggravative circumstances. It's been a decade since the new Criminal Code of China was adopted, but the above-mentioned article was never amended or changed. This article is devoted to study of the flaws in this article and means of its improvement.

Abstract: The author of this article offers a number of valuable ideas in the spheres of criminal science, which are devoted to the criminal policy of the state in the sphere of fighting Internet crimes, namely, fraud.

Abstract: The article is devoted to some problems of qualification of crimes, related to production and sale of the food products, which do not fulfill the safety requirements. The author points out the reasons for lowering number of cases on this type of crime. As an example, he takes statistics of the Prosecutor’s Office of Khabarovsky Region on this type of crimes

Keywords: jurisprudence, qualification, crime, requirement, safety, food, products, responsibility, production, sale

Abstract: The article includes analysis of ways of implementation of intellectual property rights and legal limitations to obligations of physical or legal persons, who possess the exclusive right to the result of intellectual activity or means of individualization of goods

Keywords: jurisprudence, intellectual activity, means of individualization, physical limitations, possessor of rights, legal protection, subjective rights, related rights, non-property rights, copyright

Abstract: The article includes an original point of view on the issues of protection of underage persons from the non-violent sexual encroachments of the grown-up persons. The author views topical issues of interpretation and application of Art. 134 of the Criminal Code of the Russian Federation, and criticizes some of the provisions in comparison with the previous formulations, such as heightening the sexual consent age from 14 to 16. The author considers that one should not relate the issues of criminal responsibility and marriage.

Keywords: jurisprudence, underage, children, crime, protection, criminal, law, responsibility, sexual consent

Abstract: The author formulates and establishes a number of problems, which arise in the sphere of compensation of harm, caused due to special MIA operations. One should pay attention to the correlation of norms for compensation under special normative acts. The author considers, that those norms minimize the compensation of harm and contradict the provisions of Art. 1067 of the Civil Code of the Russian Federation. The attention is also paid to the problem of absence of an efficient inner mechanism of legal regulation of execution of judicial decisions on claims to the treasury of the Russian Federation.

Keywords: jurisprudence, obligations, compensation, harm, special forces, operations, terrorism, compensation, state

Abstract: The article is devoted to legal and organization-related problems of realization of the right to petition in the administrative activities of the customs offices, the author shows the variety of complaints, shows the bases for petitions.

Keywords: complaint, petition, procedure, process, administrative activity, customs, legislation, law and order, protection, rights

Abstract: This article is devoted to the problem of criminal responsibility, related to violence, and such problems as decriminalization, and criminalization, penalization, and de-penalization of crimes against human health.

Keywords: jurisprudence, politics, law, violence, health, harm, crime, punishment, qualification, improvement

Abstract: In this article the articles show the history of the formation and development of the prosecution in Russia, its place and role within the system of state bodies, role of the bodies of prosecution in protection of constitutional rights of people, including the right to petition, taking the activities of the Prosecution in the Tyumen oblast as an example.

Keywords: jurisprudence, law, history, right of people, Prosecution, bodies of Prosecution, right to petition, protection, violation, role of the Prosecution in the protection of rights

Abstract: This article includes analysis of the common criminal activities of the grown-up and underage persons, when the latter are included into the commission of crimes. The author offers the definition for involvement of the underage persons into the commission of crimes, which may become the basis for excluding contradictions in the legal practice. The author also offers to amend p “d” of the p. 1 of art. 63 of the Criminal Code of the Russian Federation in order to recognized a number of types of influence on the underage persons as an aggravating circumstance.

Keywords: jurisprudence, underage, criminal, law, joint implementation of crime, instigation, aiding, joint participation, responsibility

Abstract: The theoretical construction of state coercion, as presented in this article, shows it as a part of ensuring legality and legal order, which is used by the state against the legally bound subjects. The analysis of state coercion as an independent type of legal coercion is done through such categories, ad grounds for coercion, subjects, functions, system, structure of coercion, as well as structure and content of legal relation, in which the coercion is used.

Keywords: jurisprudence, legal, state, coercion, prevention, responsibility, theory, legal relation, violation of law

Abstract: Electoral corruption is viewed as a type of political corruption. Based on the materials of the Republic of Dagestan the author analyzes its condition, specifies its elements and forms, makes conclusions on improvement of electoral legislation and measures for fighting corruption in this sphere.

Keywords: jurisprudence, corruption, electorate, election relations, crime, deputy, commission, elections, party, bribe

Abstract: The article includes analysis of prerequisites and specific features of criminal legal prohibitions in the sphere of dealing with waste in European and Russian law. The author cites provisions of the Directive of the EU Parliament and Council of 2008 on protection of environment by the criminal law, makes conclusions on topical need to amend Art. 247 of the Criminal Code of the Russian Federation.

Keywords: jurisprudence, law, ecology, waste, criminal responsibility, Directive, environment, legislation, international cooperation, offence

Abstract: By comparing criminal, tax, and administrative responsibility for the violations in the sphere of taxation the author compares the possibility of using them, as well as their specific features, which need to be taken into account in order to ensure payment of taxes, levies and fines by organizations

Keywords: administrative responsibility, tax responsibility, criminal responsibility, violation, offence, crime, fine, physical person, legal person, amount of unpaid tax

Abstract: The article is devoted to the new Decree of the Plenum of the Supreme Court “On Judicial Expertise on Criminal Cases”. The author analyzes both strong and weak points of the new Decree. He stresses out that the new Decree left out many complicated issues, such as evaluation of possibility positions of an expert, as well as use of special knowledge on the stage of initiation of a criminal case.

Keywords: jurisprudence, Decree, judicial expertise, assigning an expertise, expert opinion, specialist opinion, complex expertise, additional expertise, repeated expertise, expertise in court

Abstract: The article is devoted to the problems of contents of principles and requirements of lawfulness in the activities of the domestic affairs bodies. Evaluation of the contents of the principles allows one to see a number of problems, regarding the improvement of activities of the modern Russian police.

Keywords: jurisprudence, legality, law and order, guarantees, police, officer, principle, requirements, rule, reasonability

Abstract: The article includes the defi nition of anti-corruption expertise, its object and subject, the author analyzed the currently used method of anti-corruption expertise of normative legal acts and drafts of such acts under the Decree of the Government of the Russian Federation, n. 96 of February, 26, 2010. Based on the experience of application and theoretical grounds the author offers an improved methods of forensic expertise of legislation in order to fi nd elements of corruptiogenesis, and offers to use it.

Keywords: jurisprudence, crime, corruption, fi ght, counteraction, anti-corrpution expertise, forensic expertise, corruption factor, method, normative legal act.

Abstract: The legal defi nition of raider takeover is disclosed in this article. The legal description is given to this notion. The composing elements of a raider takeover are investigated and different opinions of legal scholars are analyzed.

Keywords: Corporate raid, hostile takeovers, The Strategy of national security of the Russian Federation, merging, takeovers.

Abstract: The article is devoted to the topical issues of procedural functions of an investigator. The author considers that Russian criminal process provides an investigator with several functions, such as investigation of crimes, accusation and resolving a criminal case. He comes to a conclusion that collection of evidence by an advocate of the accused makes an advocate a “substitute” for investigator in the sphere of investigating crime.

Keywords: Yurisprudentsiya, funktsii, prestuplenie, rassledovanie, obvinenie, zashchita, razreshenie, zashchitnik

Abstract: The article is devoted to the topical issues regarding the monitoring of forensic situation in the region. Then the author provides the grounds for the formation of the All-Russian Center for the Monitoring and Forecasting of the Criminal Situation with Filial Offices at the regions and municipal formations, including the provision for the staff positions of criminal scientists.

Keywords: Yurisprudentsiya, situatsiya, kriminologicheskaya, kriminogennaya, kriminolog, monitoring, organizatsiya, region, tsentr.

Abstract: The article includes analysis of way of life of a person and its influence on his behavior, taking extortion as an example. The author shows that in the society there are three distinct environments – legalist, criminal and marginal, then she analyzes each of them. She also studies the mechanism of criminal behavior, its elements, such as motivation, planning and implementation of criminal act, provides points of view of renowned scientists, such as Kudryavtsev, V.N. and Dolgov A.I. The author pays much attention to pre-criminal inter-personal relations between a criminal and a victim, then a stage of post-crime behavior of criminal and victim. Studing the victim’s behavior the author provides the term “victim-genesis” situation, and provides it contents.

Keywords: Yurisprudentsiya, Mekhanizm prestupnogo povedeniya, Mezhlichnostnye otnosheniya, Motivatsiya prestupnogo povedeniya, Viktimogennaya situatsiya

DOI: 10.7256/2454-0706.2017.8.23745

Abstract: The subject of this research is the relevant issues of improvements to the mechanism of suspension of a criminal investigation, including assessment of the legal nature of the procedure, content and elements following the decision to suspend a criminal investigation. Among the elements of the subject of this research are the following normative acts: Criminal Procedural Code of the Russian Federation; order of the Investigative Committee of the Russian Federation from January 9, 2017 No. 2 “On organization of procedural control in the Investigative Committee of the Russian Federation”; the order of the Prosecutor General’s Office of the Russian Federation “On organization of the prosecutorial control over the procedure of the preliminary investigation authorities” from December 28, 2016 No. 826. The work yielded new information on the essence and legal nature of the work of investigators and detectives on suspended criminal cases. The author presents the examples and formulates a new definition of the concept of “other procedural activity”, as well as provides new arguments in advancement of the concept of allowability of procedure of investigative actions on suspended criminal cases.

Keywords: Investigator, Activity, Legal nature, Lawfulness, Investigative, Procedural, Actions, Suspension, Case, Criminal

DOI: 10.7256/2454-0706.2017.10.24194

Abstract: This research is dedicated the study of the elements of crime set by Article 159.1 of the CCRF, based on the analysis of the concept of “fraud in the lending industry”, which forms the title of this work. The author meticulously examines such aspects as applicability of the Article 159.1 of CCRF for protection of the lending industry from fraud, identification of the victims of fraud in the lending industry, as well as signs of characteristics of such crime. Special attention is allocated to the problem of demarcation of the concepts of “deliberate false information” and “inaccurate information”, as well as designation of the object of fraud in the area of financed property acquired as the result of consumer or commercial lending. The novelty of this research consists in the fact that the author is first to examine the language used by the legislator in titling the Article 159.1 of the CCRF for perception and interpretation of the aforementioned criminal law.

Keywords: Inaccurate information, Borrower, Commercial loan, Consumer loan, Collection agencies, Microloans, Secondary lenders, Lenders, Financial fraud, fraud

DOI: 10.7256/2454-0706.2019.8.30306

Abstract: The subject of this research is the changes that took place in law enforcement practice due to introduction in 2011 of the new revision of the Article 20.4 “On Violation of Fire Prevention Rules” of the Code of the Russian Federation on Administrative Offenses. The article presents the results of computational experiment conducted for the purpose of development and testing of high-performance software based on the intellectual analysis and computer-assisted learning that improves understanding of the new legal phenomena and processes associated with the impact of legislation upon law enforcement practice. For solving the research objective. For solving the research problem, the author uses the data of the State Information System “Justice” related to 56,500 orders on imposition of administrative punishment in accordance with the Article 20.4 of the Code of the Russian Federation on Administrative Offenses for the period of 2010-2017. The author extracts and factorizes the necessary data; JSON data was converted using the algorithm in MapReduce paradigm for the models of factorization and learning. As a result of computer-assisted learning, was obtained the “tree of decisions”. On the “tree of decisions” it is demonstrated that middle of 2011 marks qualitative improvement in judicial practice, which became more uniform and logical; as well as in the context of imposing administrative punishment, the court started using standard circumstances of the case. The more efficient revision of the Article 20.4 of the Code of the Russian Federation on Administrative Offenses allowed in a midterm period to enhance the rule of law in the area of satisfying formalized requirements to ensuring fire safety, by reducing the number of cases from 2012 to 2017 by more than 10 times. The author empirically substantiates the working version of the method of analysis and assessment of qualitative changes in legislation and law enforcement practice based on the computer-assisted learning technique in form of “tree of decisions”.

Keywords: computational methodology, computational experiment, big data, machine learning, intellectual analysis, administrative liability, digital state, artificial intelligence, law, fire safety

DOI: 10.7256/2454-0706.2020.12.32408

Abstract: The subject of this research is the legal norms on the status of underage parents. Custody of a child of underage parents is regulated by special rules in Russia and abroad. The Russian legal model of child custody of underage parents is yet to be established. Unlike the countries of Germanic legal group (Germany, Switzerland, and Austria), the legislation of which features detailed description of the legal status of underage parents, the Russian legislation requires further improvement in this regard. Application of the method of comparative jurisprudence allowed determining the common and distinctive characteristics in the legal status of underage parents in German, Austrian, Swiss, and Russian legislation. The common feature for all aforementioned legislations consists in automatic removal of custody of a child of an underage parent when such parent attains the age of majority. In the author’s opinion, the best model of child custody (with regards to a child of underage parents who have reached the age of 16) is German model: an underage parent with partial civil capacity and a guardian both have rights to participate in parenting of a child, while guardian is the only legal representative of a child of an underage parent (in case if a child has no parents of the age of majority).

Keywords: guardianship, Austrian legislation, actual care, Swiss legislation, parental care, German legislation, civil legal capacity, minor parents, Russian legislation, parental rights

DOI: 10.7256/2454-0706.2020.10.34209

Abstract: This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

Keywords: participant in criminal proceedings, investigator, lower-level prosecutor, prosecutor, higher prosecutor, criminal proceedings, consideration of complaints, consideration of requests, organization of work, prosecutor's office

DOI: 10.7256/2454-0706.2022.2.37455

Abstract: The subject of the study are materials of prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office regulating these public relations, as well as positions formed on the issue of the essence of the principle of objective truth and its implementation in the activities of the prosecutor's office and the court. The object of research in the article is social relations arising from the implementation of the principle of objective truth in the implementation of supervisory and non-supervisory activities by prosecutors. The author examines in detail such aspects of the topic as the nature of the truth established in the course of law enforcement, the ratio of reliability and probability, as well as the inclusion in the principle of legal assessment of existing facts. В The principle of objective truth has been given attention in the scientific literature, but this principle has been investigated in relation to the administration of justice. Meanwhile, the implementation of the principle is undoubtedly important in the implementation of prosecutorial and other law enforcement activities, however, it has not been studied before in relation to the activities of the prosecutor's office; this is the novelty of the study. In the course of the study, the views of scientists on the existence of the principle of objective truth, the main aspects of its content were studied, as a result of which the definition of the principle of objective truth in the activities of the prosecutor's office was proposed and the conclusion was formulated that the consolidation of this principle in the Law on the Prosecutor's Office will fill the gaps in the legal regulation of the exercise of prosecutorial powers in other areas of prosecutorial activity and it will prevent the adoption of unreasonable decisions that are possible if this principle is not observed, which, in turn, can lead to a violation of the principle of legality, which is a special contribution of the author to the study of this topic.

Keywords: administration of justice, implementation of supervision, participation in court, the principle of legality, circumstances of the case, The Law on the Prosecutor's Office, powers of the prosecutor, legal assessment, the principle of objective truth, prosecutor

DOI: 10.7256/2454-0706.2023.3.40036

Abstract: The subject of the research in the article is the labor relations between employees and employers in the remote format of labor organization. The article deals with the issues of legal regulation of social and labor mobility during the transition to remote working. The survey of the economically active part of the population revealed the degree of prevalence of this phenomenon and the main violations of labor legislation faced by citizens working in a remote format. The author investigates various violations of the rights and legitimate interests of subjects in this area, examines their nature, frequency and causes. The analysis of the legal aspects of the protection of the violated rights of workers performing the labor function remotely is carried out, the main changes that have been made to the legislation since the beginning of the pandemic are considered, the prospects for further development of this area of public relations are determined. As a result of the study, the main violations of the labor rights of citizens were identified. The most common problem faced by citizens when switching to remote work is the lack of equipment and other resources necessary for the performance of professional functions. The second significant problem is the presence of significant overwork, in third place are legal violations in the execution of an employment contract. Less common is a reduction in the level of wages, unjustified imposition of disciplinary penalties or dismissal. The paper focuses on the fact that the modern process of law-making and law enforcement should be aimed at minimizing violations of labor rights. This cannot be achieved without improving the legal culture of citizens.

Keywords: employee interests, labor legislation, employment contract, employer, labor function, remote employment, remote worker, labor rights, violation, labor relations

DOI: 10.7256/2454-0706.2023.11.68861

Abstract: The subject of the study is the existing practice of investigating crimes related to the illegal acquisition, storage and smuggling of wood, the results of theoretical and applied scientific research conducted in this field. As the main factors determining the existence of the problem considered in the course of the study, the author identifies: the complex nature of criminal actions that precede the illegal export of forest products; the organized nature of criminal activity; a significant amount of information that is subject to analysis as part of the investigation; the concealment by criminals of their awareness of the illegal origin of wood and the illegality of its export. Special attention is paid to the role of witnesses in criminal cases as well as work with them. The scientific novelty of the work lies in the algorithm proposed by the results of the study for obtaining meaningful information, which consists of two stages of investigative work and takes into account the peculiarities of the method of wood smuggling, and is also focused on the above factors. In addition, it allows you to streamline the process of searching, recording and analyzing information that is necessary to solve the problem of proving the guilty of specific persons. Its application is considered by the author on the example of working with certain categories of witnesses, however, it is universal and in practice can be used by the preliminary investigation body when working with various sources of information.

Keywords: obstructing the investigation, criminal process, investigation problems, illegal timber export, interrogation of a witness, investigative actions, crime investigation methodology, organized crime, timber smuggling, illegal timber trafficking

DOI: 10.7256/2454-0706.2024.4.70414

Abstract: The subject of the study is the state of criminalization of unfair competition in the Russian Federation. The article examines the relationship of the Criminal Code of the Russian Federation with the Federal Law "On Protection of Competition", which contains prohibitions on manifestations of unfair competition; the elements of crimes provided for in art. 128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation, when analyzing objective and subjective signs of which elements of certain forms of unfair competition are seen, as well as law enforcement in the designated area; static data reflecting the current situation of identifying facts of unfair competition in the activities of the antimonopoly authority, law enforcement agencies, as well as aspects of interaction between the antimonopoly authority and the Central Bank of the Russian Federation in the field of countering market manipulation and the misuse of insider information as separate manifestations of unfair competition. The methodology of the research is based on the provisions of the doctrine of materialistic dialectics, as well as a systematic approach, in particular, general scientific and private scientific methods of cognition were used – methods of system analysis, logical, comparative, formal dogmatic method, method of legal forecasting and classification. The novelty lies in establishing the fact of the correlation of crimes provided for in art.128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation, with the prohibitions of the Federal Law "On Protection of Competition" based on the analysis of objective and subjective signs of the listed crimes, as well as the practice of sentencing in this area, in substantiating the possibility of using articles of the Criminal Code of the Russian Federation to combat manifestations of unfair competition, but also to improve criminal law norms in order to unify their content with the prohibitions of a special law. The conclusions are that the above analysis of the signs of the elements of crimes provided for in art. 128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation, indicates a certain degree of their compatibility with the prohibitions of forms of unfair competition contained in the Federal Law "On Protection of Competition", although they need to be improved. Appropriate legislative changes are advisable due to the public danger of unfair competition, the level of which may be no less than that of cartels recognized as a threat to the country's economy.

Keywords: Corpus delicti, criminal liability, disclosure of trade secrets, intellectual property objects, antimonopoly authority, unfair competition, criminalization, competition protection, market manipulation, discredit

DOI: 10.7256/2454-0706.2013.7.8852

Abstract: The author studies topical issues regarding the interactions among the Plenipotentiary Representatives of the President of the Russian Federation with the law-enforcement bodies under the Russian legislation, and makes conclusions. The mechanisms of interaction in the public law can be regarded as a combination of organizational elements, allowing to implement the state powers based on mutual cooperation of two or more empowered subjects, holding equal position within the system of public power. This issue has been an object of scientific studies for the last decade. The authors pay much attention to the issues of functioning of the Plenipotentiary Representatives of the President of the Russian Federation in the federal districts, supporting the thesis on the need to strengthen their role. Since the provisions of various normative acts vary, the organs tend to stand apart from each other, each of them following its own normative basis. This is hardly an acceptable, sufficient or sustainable position. Due to the absence of detailed legislative regulation the study of interactions between the Plenipotentiary Representatives of the President of the Russian Federation in the federal districts and the executive bodies could facilitate the studies of the mechanisms of their interaction with the police, investigation and prosecution bodies.

Keywords: Russian legislation, President, the Russian Federation, Plenipotentiary Representative, federal district, law-enforcement bodies, interaction, public law, plenipotentiary, power

DOI: 10.7256/2454-0706.2013.6.8099

DOI: 10.7256/2454-0706.2020.2.32126

Abstract: This article makes emphasis on critical analysis of the concept establishing legal consequences of the institution of criminal record with imposed corrective measures, set by the criminal law of the Republic of Belarus, for the purposes of resolving the question of its possible implementation in the Russian criminal legislation. The subject of this research is the separate positions of the criminal law of the Russian Federation and the Republic of Belarus regulating the institution of compulsory corrective measures alongside application of norms comprising this institution by the courts of these states, as well as scientific views of the Russian and Belarus doctrine dedicated to the indicated institution and the order of its implementation and consequences therein. The author provides critical analysis to the legislative construct of application of compulsory measures in the criminal law of the Republic of Belarus as theoretical-legal[WU1] , hence the hypothesis on the need to establish the consequences of criminal record in imposition of compulsory measures did not find its approval. Moreover, considering the analyzed positions of the concept, the author brings to discourse the proposal on establishing preventative control after serving the compulsory correctional sentence that would not result in criminal record; as well as on potential implementation of the experience of Belarus pertaining to legal regulation of the order of imposing compulsory measures. [WU1]

Keywords: condemnation mode, preventive control, legal regulation, juveniles, criminal record, post-Soviet countries, the Criminal Code of the Russian Socialist Republic, exemption from punishment, exemption from criminal liability, compulsory measures

DOI: 10.7256/2454-0706.2017.7.18030

Abstract: The subject of this article is the theoretical problems in determining the notion of “corruption”, associated with identification of diplasty (combination) of such social phenomena as law and morality. The currently existing in legal literature conceptual approaches towards the term “corruption” to an extent endure the oversimplified understanding of this question, which often emerges from the insight that such phenomenon is based on the corruption[WU1] legal violation, but sidestepping the presence of other corruption phenomena that are not illegitimate, in its essence carry a corruption character. Among them, a significant place is held by the amoral actions (ethical trespass). In particular, it translates into the fact that moral norms unlike the legal are always legitimate, because it is the main condition of their formation and impact. If one or another behavioral norm is not supported by the majority of society or a separate social group, it becomes “vain”. Special attention is given to the legal concept that suggests relying upon the presumption of their illegitimacy, rather than presumption of amorality of manifestations of corruption. A conclusion is made that the misuse of public status for personal purposes represents a corruption legal violation. The scientific novelty of this research consists in articulation of the theoretical problems on improving the anticorruption legislation. [WU1]

Keywords: Legislation, Personal interest, Public interest, Government, Corruption offense, Legal violation , Interest, Morality, Law, Corruption

DOI: 10.7256/2454-0706.2019.12.31772

Abstract: This article explores the wide spectrum of scientific approaches towards the problem of classification and modernization of the system of white-collar crime in accordance with the law of the Russian Federation, formulated by modern doctrine of criminal law. The problem consists in the absence of sufficient depth of scientific analysis of the criterion for systematization and practical implementation of the norms on white-collar crimes as a whole and in their variety. The author studied the research pointing to the gaps in the legislative regulation in this area. Attention is paid to the lack of theoretical work in this field, with separate attention devoted to the law enforcement work. It is demonstrated that the current legislation does not fully cover all areas of life of the society and the state, which are the objects of the criminal infringement, and needs improvements. The author is convinced that study of the classification of white-collar crime is absolutely necessary, as the doctrinal context it allows systematizing their characteristics and legal ramifications of their committal. The scientific novelty of this research consists in author’s proposal of an original model for optimization of the system of criminal legal norms on white-collar crimes, as well as formulation and substantiation of the changes needed in the current criminal legislation.

Keywords: alternative official structures, special structures, general structures, design features of the composition, special subject, official, official crimes, classification of official crimes, optimization, modernization

DOI: 10.7256/2454-0706.2022.5.37501

Abstract: The subject of the study is criminological, historical, legal and international legal aspects of regulating the turnover of seeds of the oilseed food poppy Papaver somniferum Linnaeus and the problems of qualifying the facts of the presence of an admixture of poppy straw in their composition. The global indicators of the public danger of illicit trafficking in opioids and domestic indicators of the state of drug crime during the period of the ban on the cultivation of oilseed poppy are analyzed. The materials of judicial practice were studied in order to establish the formalized grounds for the legal assessment of the presence of a weed impurity in the form of poppy straw in specific legal relations in the composition of the food poppy product. The provisions of state standards on the quality of food poppy in the context of competition resolution of technical regulations and criminal procedure legislation are considered. The absence of uniform law enforcement decisions has been established when, under comparable circumstances, an admixture of poppy straw in the composition of a food poppy is recognized as a commodity as the subject of an administrative offense, a narcotic as the subject of a crime or as a set of objects of crimes – narcotic drugs in the form of natural alkaloids of the narcotic drug itself. On the basis of the UN Convention of 1961 and the resolutions of the Supreme and Constitutional Courts of the Russian Federation, proposals were made to exclude the provisions of legal fiction from the legislation in the field of drug trafficking regulation and to improve criminal legislation in terms of clarifying the content of the concepts of mixture and drug.

Keywords: mixture, opiates, opioids, narcotic plants, poppy straw, weed admixture, poppy seeds, poppy sleeping pills, drugs, legal fiction

DOI: 10.7256/2454-0706.2013.7.8636

Abstract: The article is devoted to the studies of specific features of the modern criminal law policy of the Russian Federation and the key directions for its improvement. It is noted in the article, that the criminal law policy of the state should be formed with due consideration for the scientific recommendation, and it should be based upon the theoretical positions of scientists, especially those specializing in forensic studies. The modern condition of the Russian criminal law policy has many specific features, which are not typical for the previous stages of development of the Russian science of criminal law. One of such specific features is a complicated multi-faceted character of the state anti-criminal policy, which was formed as a reaction to the evolution of crime. The strengthening of the social element of the modern legal policy, development of sciences (both humanitarian and technical), which allow to uncover the traces of crime may provide due response to the modern crime. The article includes the conclusion that the modern criminal law policy is a complex multi-aspect activity of the state bodies, which is aimed upon solution of the criminal law goals on protection of individuals, society and state from the criminal encroachments.

Keywords: jurisprudence, politics, legislation, reforms, development, principles, guarantees, categories, crimes, legal order

DOI: 10.7256/2454-0706.2013.7.4933

Abstract: The general guarantees of criminal process provide for the complex of conditions, facilitating the comprehensive and objective procedure on criminal cases. The further development of the guarantees may be found in the measures regarding support of rights and freedoms of person and citizen in the criminal judicial procedure. The problem of implementation of the principle of protection of rights of persons and citizens is related to the guarantees of subjective rights and lawful interests of an individual. One of the key guarantees for the witness and victim on criminal case is a guarantee of security throughout the process on criminal case, including the judicial stages. This security guarantee should include protection and psychological support. Keywords: , , , , , , observation, choleric, melancholic, sanguine, phlegmatic.

Keywords: jurisprudence, witness, victim, interrogation, security, observation, choleric, melancholic, sanguine, phlegmatic

DOI: 10.7256/2454-0706.2017.10.24286

Abstract: This article is dedicated to the questions of organization of prosecutorial supervision of legality and justification of the decisions issued by the preliminary investigation bodies on refusals to institute a criminal case. The author reveals the procedural aspects of organization of prosecutorial[WU1] oversight is this section of pre-trial proceedings, as well as the forms of interaction between the prosecutor’s office and bodies of inquiry and preliminary investigation. The subject of this research is the norms of the Criminal Procedural Code of the Russian Federation, statistical data of the Prosecutor General's Office of the Russian Federation, court rulings, as well as scientific literature on this matter. The author notes a significant amount of cancelled by a prosecutor decrees on the refusal to initiate a criminal case alongside the common cases associated with the repeated cancellation by a prosecutor of the decrees on refusal to initiate a criminal case adopted based on the materials of inspecting the same claim, which testifies to the low quality of the investigative work. Due to this, for the purpose of remedying the situation, the author provides specific suggestions of procedural and organizational legal character. [WU1]

Keywords: Crime prevention, Access to justice, Criminal case initiation, Coordination meeting, Briefing session, Interaction, Organization of prosecutorial oversight, Investigation oversight, Inquiry, Prosecutorial supervision

DOI: 10.7256/2454-0706.2022.7.38311

Abstract: The subject of the study is materials of prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office regulating these public relations, as well as positions formed on the essence of the principle of validity and its implementation in the activities of the prosecutor's office and other law enforcement agencies. The object of the research in the article is the social relations arising from the implementation of the principle of reasonableness of decision-making in the implementation of prosecutorial and other law enforcement activities. The author examines in detail such aspects of the topic as the correlation of validity and objective truth, the main characteristics of the principle and the problem of the correlation of the normative regulation of justification and the empirical task of its establishment. The principle of reasonableness of decision-making is one of the key principles of the activities of the prosecutor's office, other law enforcement agencies, as well as regulatory bodies; the need for reasonableness of decisions taken by law enforcement officials is stated in many regulations. At the same time, legal acts do not contain regulation of this fundamental principle; there is practically no scientific elaboration of it, there are only studies of its individual aspects, without highlighting the key provisions, the study of which in the activities of law enforcement agencies and in more detail the prosecutor's office is devoted to the article, what is the novelty of the study. In the course of the research, the views of scientists on the content of the principle of validity, the procedure for its legal regulation were studied, as a result of which the main characteristics of this principle were identified, which should be the basis for the legal regulation of the principle in relation to the activities of the prosecutor's office and the court. The conclusion is formulated about the need to consolidate this principle in the Law on the Prosecutor's Office, which will prevent the adoption of unreasonable decisions possible if this principle is not observed, and abuse of authority, which in turn can lead to a violation of the principle of legality, which is a special contribution of the author to the study of this topic.

Keywords: the Law on the Prosecutor's Office, prosecutor's check, appeal to the court, law enforcement agencies, law enforcement, objective truth, the principle of legality, the principle of validity, prosecutor, civil procedure

DOI: 10.7256/2454-0706.2019.2.23764

Abstract: This article presents the content and results of the discussion of topical issues of legal responsibility that took place at the conference “At the interface of criminal law and law on minor offences: material-legal and procedural problems (Wroclaw, 2016), organized in celebration of the Rector of Wroclaw University Professor Mark Boyarsky. The author provides the pros and cons of the various versions of codification of criminal and administrative legislations: a unified whole, where the Criminal Code includes all elements of crime, i.e. codes or laws regulating administrative responsibility or norms of General and Special parts; mosaic, where the elements of crimes are contained not only in criminal law, but also in the framework of sectoral (environmental, transportation, other) legislations, correspondingly, the elements of crimes in both, the code and separate acts, or in absence of code of offences – the general norms are contained in special legislation, while the elements of administrative torts in the sectoral legislation (Czech version). The article elucidates the positions of Polish doctrine regarding vectors of reform of the criminal and administrative legislations, including types of punishment and magnitude of sanctions, thoughts that the criminal and administrative liability are becoming closer together, partially due to introduction of the institution of collective responsibility of gradual increase in the weight of administrative sanctions. The article presents examples of certain lawmaking decisions that characterize the legal systems of Poland, Slovakia, and the Czech Republic, assessing the experience of these countries in the area of regulation of criminal and administrative liability.

Keywords: punishment, crime, minor offence, crime, Code, liability, law, tort, sanction, codification

DOI: 10.7256/2454-0706.2017.12.25104

Abstract: The subject of this research is the norms of anticorruption legislation of the Russian Federation, bylaws and departmental normative legislative bills, local normative acts of organizations, as well as positions of the codes of ethics of universities, setting anticorruption standards of conduct for the educators. The article carefully examines the current trends in formation of the anticorruption standards of conduct in the education sphere. Special attention is given to the establishment of anticorruption responsibilities, prohibitions, limitations and recommendations placed on the individuals carrying out the executive functions in educational institutions. The research allowed concluding that there are currently no unified anticorruption standards of conduct for members of educational institutions. With regards to a small circle of individuals carrying out the executive functions in educational institutions, the anticorruption standards of conduct are set by the orders of the Government of Russia, as well as departmental orders of the Ministry of Education and Science of the Russian Federation.

Keywords: recommendations, restrictions, bans, duties, anticorruption standards of conduct, prevention of corruption, corruption, educational institutions, conflict of interest, rector

DOI: 10.7256/2454-0706.2022.4.37874

Abstract: The article is devoted to the scientific development of the problem of a special subject of crime, the composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The subject of the study is the problem of the subject composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The author examines in detail the grounds for bringing various categories of persons to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation, analyzes the existing judicial practice and conducts a statistical analysis of the categories of persons brought to criminal responsibility under this article. The necessity of introducing a qualifying feature in Part 2 of this article is justified by analyzing the collected statistical material and theoretical developments. There is also a study of the public danger of crimes committed by persons using their official (official) position. The author examines the current state of the doctrine of criminal law, the arguments of authoritative scientists on the subject under consideration. The scientific novelty of the study consists in the collection and analysis of statistical material by categories of persons brought to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation and its detailed analysis. It is argued that the commission of a crime by an official increases the public danger of such an act, in this regard, the author examines the necessity and validity of fixing the relevant qualifying feature in the text of the norm of Part 2 of Article 228.2 of the Criminal Code of the Russian Federation. The author draws the following conclusions: 1) among the subjects of this crime, two groups of persons can be clearly distinguished; 2) it is reasonable to create a qualified corpus delicti for officials. The author also made proposals to improve the legal technique of the domestic criminal law in terms of supplementing Part 2 of Article 228.2 of the Criminal Code with a new qualifying feature.

Keywords: right, qualification of crimes, medical crimes, criminal law, state, public danger, the subject of the crime, drugs, drug trafficking, drug addiction

DOI: 10.7256/2454-0706.2023.4.40612

Abstract: Special attention is paid to the objective side of the crime, responsibility for which is provided for in Article 185.1 of the Criminal Code of the Russian Federation. The problems arising in the interpretation of the term "malice" of evasion are analyzed. The conclusion is formulated that "malice" should be replaced by "repetition", providing for the interpretation of this term through administrative prejudice in the note to Article 185.1 of the Criminal Code of the Russian Federation. In this regard, it is proposed to exclude the term "malice" from the title of the article, and formulate it as: "Failure to fulfill the obligation to disclose and provide information defined by the legislation of the Russian Federation on securities." The necessity of changing the note to Article 185.1 of the Criminal Code of the Russian Federation by specifying there the numbers of specific articles in the Administrative Code - Part 1 of Article 15.19 of the Administrative Code of the Russian Federation and Part 1 of Article 19.7 of the Administrative Code of the Russian Federation, since the existing term "similar act" causes ambiguity in its interpretation. The introduction of repetition and its interpretation in the note will make it easy to distinguish the crime provided for in Article 185.1 of the Criminal Code of the Russian Federation from an administrative offense, responsibility for which is established in Part 1 of Article 15.19 of the Administrative Code of the Russian Federation "Violations of legal requirements concerning the presentation and disclosure of information in financial markets" and in Part 1 of Article 19.7.3 "Non-presentation information to the Bank of Russia". The exclusion of socially dangerous consequences in the form of major damage to citizens, organizations or the state will allow this norm to become applicable.

Keywords: provision of information, incomplete information, fake information, major damage, disclosure, revelation, issuers, administrative offense, investor, criminal law

DOI: 10.7256/2454-0706.2023.6.40835

Abstract: The object of the study is the objective side of the crime, responsibility for which is provided for in Part 1 of Article 185 of the Criminal Code of the Russian Federation. The problems that arise when trying to understand the mechanism of causing damage to investors are analyzed. It is noted that it cannot be real. The conclusion is formulated that the socially dangerous consequences reflected in Article 185 of the Criminal Code of the Russian Federation do not allow it to be applicable in practice, do not allow to correctly determine the immediate object in theory. The necessity of changing the disposition of the rule on abuse in the issue of securities is substantiated. The proposed version, firstly, takes into account legislative changes in the part of documents containing information about securities; secondly, it excludes consequences in the form of damage; and thirdly, it does not create problems in determining the type of intent and distinguishing from the offense, responsibility for which is established in Article 15.17 of the Administrative Code of the Russian Federation "Unfair issue of securities papers". The author's special contribution to the research of the topic is that it was carried out after significant changes were made to the sectoral legislation, on which the possibility of applying the criminal law provision providing for liability for abuse in the issue of securities depends. The proposed changes to the disposition of Part 1 of Article 185 of the Criminal Code will make this rule applicable and effective. on the basis of the analysis, the following conclusions are formulated: 1) on the exclusion of socially dangerous consequences in the form of major damage from Part 1 of Article 185 of the Criminal Code of the Russian Federation; 2) the degree of violation of the established emission procedure is proposed to be considered as a sign delimiting an administrative offense and the analyzed crime.

Keywords: The Central Bank of Russian Federation, issue of securities, investors, issuers, securities, damage to investors, emission stages, information disclosure, promotion, exchange

DOI: 10.7256/2454-0706.2020.12.32966

Abstract: The object of this research is the process of victimization of population of the Russian Federation from Internet fraud in the period from 2010 to 2019. The subject of this research is a number of criminological indicators that characterize the dynamics of victimization and criminal victimization. Using the empirical data, the author determines the actual number of the Internet fraud victims; built a retrospective model of development of this process based on calculation of the average annual rate of growth; increases awareness on the dynamics of the number of victims until 2013. The conclusion is made on the growing scope of victimization, which according to the data of assorted research of 2013-2019 carries an exponential function. Each three years the total number of victims doubles, which continues to grow since 2012 (associated with the reform of criminal legislation aimed at identification of the additional types of fraud using computer technologies). This pattern was used for structuring the projection models of victimization of users of the Russian segment of the Internet until 2021 (inclusively). The results of additional assorted research of 2020 demonstrate that only in 20% of cases the damage from Internet fraud exceeds 1,000 rubles. In accordance of the principle of recurrence of the Internet fraud, the structure of victimization is as follows: 52% are the victims of such crimes in recent year; 1/3 of respondents were the victims in previous years, but not in recent year; and only 13% became the victims in past years and recent year.

Keywords: Internet, crime, dynamics, victim of crime, victimization, victimology, criminology, fraud, computer crime, survey

DOI: 10.7256/2454-0706.2023.10.68746

Abstract: The object of scientific research is the social relations that develop in the sphere of application by prosecutors of the Russian Federation of powers to initiate disciplinary proceedings. The subject of the study is the practice of prosecutor's offices of the Russian Federation in bringing guilty persons to disciplinary liability, legislation of the Russian Federation and foreign countries, organizational and administrative documents of the Prosecutor General of the Russian Federation, works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method, methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The main conclusions of the study are to substantiate the mandatory requirement of the prosecutor to bring the perpetrators to disciplinary liability, since this is dictated not so much by the formal requirements of statistical reporting, but by the need to ensure the prevention of law violations. The scientific novelty lies in the proposals formulated by the author to legislatively consolidate the powers of the prosecutor or his deputy to initiate disciplinary proceedings, mandatory for the authorities specified in paragraph 1 of Article 21 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”. The work contains specific proposals for amending Article 21 of the Law on the Prosecutor's Office.

Keywords: disciplinary action, disciplinary liability, local authorities, authorities, prosecutor's demand, prosecutorial activity, prosecutor supervision, prosecutor, prosecutor's office, disciplinary proceedings

DOI: 10.7256/2454-0706.2018.9.21613

Abstract: The article is devoted to analysis of the Prosecutor's status as a subject of proof in the pre-trial proceedings. It describes in detail the Prosecutor's participation in the collection of evidence, their interaction in the process of proving alongside the bodies of investigation and inquiry. Based on the analysis of provisions of the applicable legislation, the orders of the Prosecutor General of the Russian Federation and various points of view of experts in this field, the article puts forward and substantiates the conclusion that the Prosecutor must exercise their authority as a prosecution subject of proof to the fullest extent. In this regard, it is proposed to supplement the Criminal Procedure Code of the Russian Federation with a number of provisions granting the Prosecutor the right to consider and resolve the petitions of the participants in the criminal case, take part in the investigative actions, give the investigator the mandatory instructions, as well as submit the documents and materials received during the Prosecutor’s investigation to preliminary investigation agencies. All of the proposals are closely interrelated and strictly comply with the legal nature of the Prosecutor's supervision.

Keywords: charge, proof, inquiry officer, inquiry, head of the investigative body, investigator, Prosecutor, court, authority, materials of crime reports’ audit

DOI: 10.7256/2454-0706.2017.5.22818

Abstract: This research is devoted to a comparative analysis of the criminal legal means of countering misconduct when receiving payments, a type of which is fraud in the field of scientific research in the performance of a state task. The subject of the work is the norms of foreign legislation. Research objective is to formulate the main approaches towards the regulation of the liability for fraud when receiving payments and comparable acts in legislation of foreign countries, and optimization of the Russian criminal legislation on liability for fraud, taking into account international rulemaking experience. The methodological basis of the work is a comparative legal method of research. The authors also used the methods of analysis and abstraction. The new results obtained include: highlighting the main approaches in formulating the encroachment in question in foreign legislation; the conclusion that the special norms on fraudulent activities with subsidies in the criminal legislation of individual countries are not fully comparable to the Russian counterpart of the norm (Article 159.2 of the Criminal Code of the Russian Federation), and therefore, the foreign experience in designing their dispositions is not very suitable for interpreting fraud in obtaining State grants in the Russian criminal law; attention is drawn to the need for a uniform definition of the punishability of general and special types of fraud, according to how this is reflected in the criminal legislation of foreign countries, differentiating responsibility for fraudulent abuse, depending on the sphere of commission, the subject and methods of criminal encroachment. The obtained results deepen the content of comparative criminal law and can be used in teaching criminal disciplines, as well as improving Russian criminal law.

Keywords: subsidies, foreign legislation, crimes, punishability of acts, fraud counteraction , differentiation of fraud, criminal legislation, grant fraud, disposition rules, sanction rules

DOI: 10.7256/2454-0706.2019.12.31838

Abstract: This article is devoted to the issue of delineation of illegal export and crimes in the area of intellectual property, in cases where the object of illegal export is the scientific-technical information. The problem consists in the fact that scientific-technical information can be the result of intellectual activity, particularly when it can greatly impact development of weapons of mass destruction, means of their delivery, other types of munitions and military technology, as well as products that can be used in preparation and/or commissions of terrorist acts. The positions of this article are substantiated by the analysis of case law. Based on the conducted research the author concludes that there is absence of collisions between the norms on crimes in the sphere of intellectual property and illegal export. In the cases where the culprit simultaneously violates the rules of export control and intellectual rights, the act should be classified as multiple counts of crime as established in the Article 189 of the Criminal Code of the Russian Federation, as well as one of the Articles on crimes in the area of intellectual property. This work is prepares within the framework of requirements for the university grant competition of the Ilya Ulyanov State Pedagogical University.

Keywords: scientific and technical information, intellectual rights, intellectual property protection, export control, criminal law, illegal export, intellectual property, intellectual property infringement, intellectual piracy, national security

DOI: 10.7256/2454-0706.2017.1.17279

Abstract: The subject of this research is the negative consequences of humanization of the German criminal legislation and search for the solutions on its improvement. The author analyzed the efficiency of humanization of the German criminal legislation from the perspective of accumulated experience. On the example of the work with migrants, youth, and family violence, the article demonstrates some negative aspects of humanization. The article explores the causes for derogatory attitude towards the German law, which results in increase of the crime level in the most non-conformist environment among the teenagers and migrants. Despite the evident positive aspects and lack of alternative of the general course towards humanization, certain implemented changes into the criminal legislation of Germany did not prove their effectiveness. First and foremost, humanization of the criminal legislation does not resolve the issued associated with migrants – too soft of a treatment can lead to worsening of the situation and further marginalization and criminalization. It also applies to the teenagers, who due to their psychological specificities are not able to adequately use their rights, but ignore their responsibilities. The performed analysis carries an important practical meaning and can be taken into account in the course of humanization of the Russian legislation.

Keywords: Humanization, Negative consequences, Analysis, Decriminalization, Youth, Migrants, Fair punishment, Germany, Criminal law, Criminal legislation

DOI: 10.7256/2454-0706.2019.4.29117

Abstract: The object of this research is the social relations in the area of execution of criminal sentences not related to isolation of prisoners from society. The subject of this research is the norms of criminal and penal law regulating the types of criminal sentences and procedure of serving them. Attention is turned to the fact that the current system does not fully resolve the goals of the correction of convicts, prevention of commission of new crimes by them, as well as restoration of social justice. It is necessary to make the system more logical, eliminate duplication of separate types of punishments, and improve their organization and execution. The scientific novelty of this study consists in determination of the problems in the legal regulation and law enforcement practice in execution of punishments unrelated to isolation of inmates from society. The research particularly reveals duplication of types of punishments with regards to incarceration and irrationality of their structure within the system of punishment depending on the punitive effect. The author proposes making an accent on the execution of punishment in form of fines and mandatory community service as the main types, and incarceration as an additional form of punishment.

Keywords: forced labor, correctional labor, fine, mandatory work, punishment targets, criminal penalties, penal system, correctional center, criminal law, penal policy

DOI: 10.7256/2454-0706.2023.2.39820

Abstract: Criminal procedural appeal is a special way of protecting the rights and legitimate interests of citizens and participants in legal proceedings empowered. Each part of the judicial proceedings has its element. The effectiveness of the implementation of the appeal is due to the clarity of the structuring of the relevant legal participants and their adaptation to the specifics. The purpose of this work is to formulate and raise for a wide scientific discussion the problem associated with the allocation of forms of appeal in certain parts of the division of legal proceedings and the proposal of author's approaches to its resolution. The scientific novelty of the work is due to the fact that it is, in fact, one of the first works devoted to the analysis of the forms of criminal procedure appeal. Based on a combination of traditional scientific methods (dialectics, hypothetical, systemic, functional-structural, logical and other types of analysis, generalization, modeling, and others), a scientifically based vision of only two forms of appeal is formed: pre-trial and judicial, differing in objective and essential features. The author believes that these forms as a whole form a complex of criminal procedural appeals. The proposals contained in the study can be used in legislative activities to improve the criminal procedural norms devoted to the institution of appeal.

Keywords: institution, criminal process, judicial, pre-trial, form, principle, appeal, criminal proceedings, process, legal proceedings

DOI: 10.7256/2454-0706.2019.3.22937

Abstract: The subject of this research is the penal characteristics of an individual sentenced to imprisonment. The object of this research is the social relations emerged in the process of determining penal characteristics of an individual sentenced to imprisonment. The goal is to conduct a comprehensive analysis of penal characteristics of a convict and suggestion of solutions to the problem in the indicated area of scientific knowledge. The main objectives of the study are: definition of the concept of penal characteristics of a convict; consideration of various approaches of penal law scholars towards the problem of penal characteristics of a convict; suggestion of the original model for determining penal characteristics of a convict. In the course of this research, the author develops the conceptual theoretical model of penal characteristics of a convict, which carries an applied character and can be used in taking a special census of convicts sentenced in 2018-2019. The obtained conclusions can be valuable for the employees of correctional facilities of penal system, as well as further scientific research on the topic.

Keywords: progressive system, deprivation of liberty, concept, model, census of convicts, penitentiary crimes, characteristics, personality of a convict, extent of correction, attestation of a convict

DOI: 10.7256/2454-0706.2023.8.43884

Abstract: The subject of this study is some issues related to the subject of inappropriate spending of budgetary funds. The regulatory and law enforcement framework, which discloses the content of the official of the recipient of budget funds as a subject of inappropriate spending of budget funds, is systematically evaluated. There are different views of executive authorities and judicial bodies regarding the inclusion of persons with the status of an official, but carrying out activities in organizations that are not participants in the budget process in the form of recipients of budget funds, among the subjects of inappropriate spending of budget funds. The analysis of the inverse correlation of the categories "official of the recipient of budgetary funds" and "official" is carried out on the example of the All-Russian public-state movement of children and youth. When writing the article, the following methods were used: dialectics, formal logic, system analysis, statistical, lexical, modeling, formal-legal, comparative-legal. According to the results of the conducted research, it is established that it is impossible to bring to criminal responsibility for the misuse of budgetary funds officials of individual organizations involved in the expenditure of budgetary funds, but not included in the budget legislation of the Russian Federation among the recipients of budgetary funds. For the first time, the possibility of bringing to criminal responsibility for the misuse of budgetary funds of persons engaged in activities in the All-Russian socio-state movement of children and youth is analyzed. As a result, it was determined that not every participant in public relations, endowed with the powers of a recipient of budgetary funds, meets the characteristics of an official, which excludes the possibility of applying Article 2851 of the Criminal Code of the Russian Federation "Inappropriate expenditure of budgetary funds" in relation to him. The options for getting out of this situation are presented.

Keywords: participant in the budget process, special subject, abuse of power, budget, misappropriation, budget resources, official, recipient of budgetary funds, subject of crime, social movements

DOI: 10.7256/2454-0706.2023.11.68993

Abstract: This article explores the intricate landscape of criminal-legal relations pertaining to the definition of characteristics of victims, particularly minors, within the framework of Article 151² of the Criminal Code of the Russian Federation. The author unravels the psychological, social, and legal foundations underpinning the inclusion of "minor" as a distinct category characterizing crime victims. Emphasizing modern perspectives on human development and the determination of the age of majority, the study delves into the nuanced legal status of minors as both subjects and victims of criminal acts. Employing general scientific methods, formal-legal interpretation, and critical-legal analysis, the author scrutinizes the existing legal norms, shedding light on their shortcomings. Special attention is dedicated to unique categories of juvenile victims, such as emancipated individuals and those with social and mental development peculiarities. The research marks a contribution by offering the first comprehensive analysis of victim characteristics governed by Article 151². Key findings underscore the necessity of recognizing minors as a distinctive victim category, driven by inherent psychological traits, the demand for specialized legal protection, and their limited legal status. The study highlights specific temporal constraints related to the minor age of victims and minimizes the relevance of personal characteristics and moral qualities in cases involving crimes committed by minors. Proposing legislative improvements, the article enhances understanding and discourse in this complex intersection of criminal law and juvenile victimology.

Keywords: minors, growing up, mental immaturity, emancipation of minors, crimes against minors, involvement of a minor, public danger, the victim of a crime, protection of childhood, parenting

DOI: 10.7256/2454-0706.2021.1.34942

Abstract: The subject of this research is the legislative provisions on undesirability stay (residence) of foreign citizens and stateless persons in Russia, as well as the established law enforcement practice. The object this research is the social relations developed in the process of rendering decisions by the federal executive authorities on undesirability of stay (residence) and their enforcement. The goal of this work consists in formulation of recommendations on reforming the institution of undesirability of stay (residence) of foreign citizens and stateless persons in Russia in the conditions of digitalization of the government actions. The article examines the grounds for making decisions on undesirability of stay (residence) of foreign citizens in Russia, the powers of the departments, and the consequences of decisions made on foreign citizens and stateless persons. Substantiation is made on the need for changes in the grounds for decision-making on undesirability of stay (residence) of foreign citizens in Russia. The author proposes the development and implementation of the “Automated System of Migration Control” using the advanced computer technologies based on the “rating” of a foreign citizen or stateless person. Such system will determine the period for restricting entry with consideration of all circumstances pertaining to the individual and crimes they committed. It is recommended to legislate the possibility of annulment of a decision on undesirability of stay (if the grounds thereof no longer exist) or suspension (if, for example, a stateless person has been issued a “temporary identification document of a stateless person”).

Keywords: administrative and legal regulation, reforming, migration, automated system, digitalization, stateless persons, deportation, foreign citizens, closure of entry, undesirability of stay

DOI: 10.7256/2454-0706.2019.5.29313

Abstract: This article is dedicated to determination of range of the elements of crimes in the area of criminal law protection of intellectual property. The author comes to a conclusion that the object crime and the object of criminal law protection in the area of intellectual property do not always align. Based on this, the author suggest to classify the elements of crime into three groups: aimed directly at the protection of intellectual property (object of a crime and object of protection align); aimed at the protection of intellectual property indirectly (rightsholder is the object of protection, rather than the object of crime); and those aimed at the protection of intellectual property intermediately (rightsholder is not the object of protection or crime). The scientific novelty first and foremost consists in substantiation of the position that the general prevention of crime in the area of intellectual property is realized not only through direct criminal law prohibition, but also indirectly. In the case of the latter, this refers to the elements of crime, when the rightsholder is either the object of protection, but not the object of crime; or is neither.

Keywords: criminal law, criminal liability, object of protection, crime object, rightholder, criminal law protection, intellectual property, Corpus delicti, crime classification, economic crimes

DOI: 10.7256/2454-0706.2019.10.30983

Abstract: This article explores the problems associated with the prosecutor’s response to violation of law committed by the bodies of inquiry and preliminary investigation in pretrial investigation of a criminal case. The conclusion is made on impossibility of introducing the prosecutor’s requirements on elimination of such violations prior to initiation of criminal investigation. The analysis of legislation demonstrates that such act of prosecutorial supervision as representation on prevention of legal violation cannot be applied in the criminal procedural sphere, although it is frequently applied in practice as demonstrated by the statistics. The author draws the conclusion on introducing certain amendments to the Criminal Procedural Code of the Russian Federation, as well as to the Federal Law “On the Prosecutor’s Office of the Russian Federation”. It is suggested to exclude the requirement on prevention of legal violations, replacing it with the more universal concept, which in terms of its consolidation in the Criminal Procedural Code of the Russian Federation can be put forth not only in a specific criminal case, but also serve other purposes: elimination of causes and conditions contributing to violation of law, bringing to justice the official violating the law, elimination of the group of violations of procedural law, determined by the prosecutor in various cases.

Keywords: acts of prosecutorial response, the Prosecutor's response, pre-trial proceedings, bodies of preliminary investigation, prosecutorial supervision, prosecutor, criminal proceeding, criminal case, criminal trial, Prosecutor's request

DOI: 10.7256/2454-0706.2019.12.31871

Abstract: Openness in the work of state and municipal authorities and organizations is one of the basic principles in corruption prevention. The subject of this research is the normative acts and local normative acts that regulate the transition from paid to free education. Special attention is devoted to the analysis of the extent and accessibility of corresponding information on the official websites of federal universities. In the aspect of determination of anticorruption reserves, the research examines the state of the information, procedural and participative openness of this transition (on the example of federal universities). The conducted research allows concluding that federal universities generally ensure openness in the procedure of transitioning from paid to free education. At the same time, some colleges initiatively strive to provide full range of information needed for the students to transition to the free education. The level of procedural and participative openness differs from university to university.

Keywords: pocedural openness, information openness, openess, prevention, free education, paid education, education, corruption, participation openness, anti-corruption transparency

DOI: 10.7256/2454-0706.2018.2.25615

Abstract: The subject of this research is the characteristics of the object of criminal involvement of a minor in the commission of acts dangerous for minor’s life. The author attempts to determine the key criminal relevant features of the aforementioned act that define its objective hazard to society, sufficient for acknowledging as socially dangerous, as well as the need for criminalization. Attention is also focused on the circumstances that significantly increase the typical social danger of the criminal act that can be included into the criminal legislation as a qualifying factor. Using the formal legal method alongside the literal interpretation of legal acts, the author conducts the detailed analysis of the content of the basic, additional, and facultative object of crime, the responsibility for which is established by the Article 151.2 of the Criminal Code of Russian Federation. The main conclusion lies in the fact that besides the main object that implies the interests of healthy development and upbringing of a minor, as well as the additional object (life of a minor), the considered act can cause harm to health, freedom, and sexual integrity of a minor alongside the interests of family upbringing and the established order of exercising pedagogical activity. The indicated circumstances must be taken into account through determination of the qualifying factors. Therewith, there is a need for protection of public morality from the public propaganda unlawful activity.

Keywords: propaganda of unlawful actions, unlawful behaviour, family, upbringing of minors, public morality, person, object of crime, social danger, aggravating factors, violence

DOI: 10.7256/2454-0706.2018.1.25162

Abstract: The subject of this research is the institution of witness protection, peculiarities of the formation of system of proof in investigation of crimes where possible threats can be present to the parties involved in a criminal procedure. The work discusses certain issues in the legal regulation of the state witness protection, as well as the peculiarities of decisionmaking on application of measures of state witness protection and its realization with consideration of present threats and the phases of progression of criminal activity. It is proposed that the complex multi-stage system of regulatory acts does not promote making substantiated decisions on state witness protection. Members of law enforcement ensuring protection of witnesses from various regions of the Russian Federation have been interviewed. The main conclusions consist in the proposals to introduce a number of changes into the current Criminal Procedure Code of the Russian Federation pertaining to proving the threats, their assessment and adequate legal solutions.

Keywords: administrative regulation, mechanism of state witness protection, participant of criminal procedure, state witness protection, criminal procedure, legal regulation, prosecution, preliminary investigation, proving, real threat

DOI: 10.7256/2454-0706.2018.7.26879

Abstract: The subject of this research is the theoretical analysis of a set of interrelated scientific and practical issues of the criminal law aspect of reproductive right, its place, features and concept, including the artificia termination of pregnancy. This article is dedicated to examination of the problems of criminal law protection of reproductive right of a woman. The authors considers the relevant theoretical and practical issues associated with codification of reproductive right of a woman in the criminal legislation of the Russian Federation. The research is focused on criminal law protection, as well as regulation of the unlawful exercise of such right. The author analyzes the existing norm of the unlawful artificial termination of pregnancy as a method of exercising woman’s tight to reproduction. The scientific novelty is lies in providing a comprehensive examination of the criminal law protection of reproductive right, its content and structural components for the first time. The author presents an original perspective on regulation of the criminal law responsibility for unlawful termination of pregnancy as one of the methods of exercising of such right, considering the requirements of the norms of international law and universal human values. Revision of the Article 123 of the Criminal Code of the Russian Federation is suggested.

Keywords: protection of reproductive rights, method of realization of rights, international law, object of criminal law protection, reproductive right, abort, illegal abotr, criminal law, foreign experience, object of crime

DOI: 10.7256/2454-0706.2018.8.27220

Abstract: The subject of this research is the generally recognized principles and norms of international law in the area of fight against corruption, positions of the current Russian anti-corruption and electoral legislation, norms of the Special Part of the Criminal Code of the Russian Federation, and the works of Russian experts in history, sociology, political science and law. Within the framework of this article, the author analyzes the concept and elements of corruption, as well as the key attributes of the indicated phenomena applicable to the sphere of electoral relations. Examination of the generic characteristics of corruption and their types in the area of electoral relations allowed determining the groups of corruption offences in the electoral process, describe the functional links between these groups, consider systemic-structural elements, as well as formulate the working definition of corruption in the electoral process.

Keywords: historical variability, social nature, public danger, structure, system, prevention, criminality, corruption, mass character, criminal and legal nature

DOI: 10.7256/2454-0706.2023.5.40672

Abstract: The article considers the criminal law significance of signs of infancy and minority of the victim as an aggravating circumstance in the criminal legislation of the Russian Federation. Thus, the subject of research is the social relations that characterize the named circumstance. As part of the work, the author studies various doctrinal approaches to the definition of the concepts of "juvenile" and "minor" in the context of the issues under consideration. In addition, the study touches upon the law enforcement problems of taking into account the infancy and minority of the victim when qualifying a socially dangerous act. The author notes that the inclusion of the minority of the victim among the circumstances under consideration is dictated by the special danger of the person committing such an attack, his inhumanity, the baseness of the motives that prompt him to commit a crime. By analyzing the legal framework, statistical data and provisions of the theory of criminal law, controversial and problematic aspects of the application of the norms of the current criminal legislation in the context of taking into account the minor age of the victim as an aggravating circumstance are revealed. The paper notes that these signs affect the nature and degree of public danger of a crime, differentiating responsibility, being important for qualifying a criminal act and imposing a just punishment. The author proposes recommendations for changing the current criminal law in the relevant part. The author notes that the proposed changes will make it possible to improve the process of individualization of the punishment imposed on the guilty, and will also allow an objective assessment of the degree of public danger of the deed when the court decides the sentence.

Keywords: qualification, age, criminal, sentencing, minor, juvenile, victim, circumstances, punishment, criminal law

DOI: 10.7256/2454-0706.2017.1.21559

Abstract: The subject of this research is the status of a victim as the main participant of criminal procedure, whose rights and legal interests are protected on priority basis. The author substantiates that despite the adopted by legislator measures (of December 28, 2013 and later) on optimization of the procedural status of a victim, there is still a need for improvement of his rights. Based on the analysis of the acting legislation and various points of view among the scholars, the article determines a trend towards the actual alignment of the volume of right between the victim and the accused. At the same time, the legislator did not consider the situations, in which the accused does not realize the granted rights or even avoids the participation in criminal procedure. The scientific novelty of this work consists in determination of status of a victim in the criminal process at the current stage of development of the Russian criminal procedure that differs from the earlier proposed approaches, including formulation of a conclusion on the need for demarcation of the procedural status of a victim of crime, taking into account his legal interest as a civil plaintiff, victim, and witness.

Keywords: witness, civil plaintiff, legal interests, rights, status, victim, criminal process, participants, improvement, optimization

DOI: 10.7256/2454-0706.2019.1.20461

Abstract: This article examines the set of social relations emerged due to the application of regulations establishing criminal liability for smuggling contraband money. Despite a significant period of time passed after the introduction of the Articles 104.1 and 200.1 into the criminal law, there are still certain difficulties in its practical implementation requiring solution. Currently, there is no universal scientific or practical approach towards the confiscation of contraband money, which are the subject matter of the crime stipulated by the Article 200.1 of the Criminal Code of the Russian Federation. The subject of this study is the statutes of the criminal law, case law, judicial interpretations, legal literature related to the question of confiscation of contraband money. The scientific novelty of the conducted research is defined by fact that the author is one of the first to analyze the regulations establishing liability for smuggling contraband money, generalize the problems of application of confiscation of contraband items, as well as based on the comprehensive systemic study of criminal legislation, formulate recommendations on their solution. The author also substantiates the propositions in improvement of the criminal legislation.

Keywords: application of confiscation, smuggling of money, problems of confiscation, crime, money, confiscation, customs border, criminal liability, contraband, criminal code

DOI: 10.7256/2454-0706.2019.3.28971

Abstract: The object of this research is the social relations with regards to criminal legal regulation of composition of crime stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin according to the Article 191.1 of the Criminal Code. The subject of this research covers the norms of the current Russian legislation establishing legal and administrative liability for illegal trade of timber, as well as norms of Russian legislation pertaining to other regulatory branches of law, and decrees of the President of the Russian Federation. The goal of this work lies in studying the details of the content of the Article 191.1 of the Criminal Code, and conducting comparative analysis of the norm of criminal law stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin, as well as the norms of administrative law that regulate similar situations. The research allowed determining the distinctive elements of the compositions, which in turn allows the law enforcer to properly qualify the acts and justly establish responsibility. The scientific novelty consists in the fact that the Article 191.1 of the Criminal Code of the Russian Federation is fairly new within the legislation, which is one of the key reasons for lack of scientific research and low effectiveness of practical implementation of this norm.

Keywords: responsibility, contrastive analysis, timber, forest, administrative law, criminal law, illegal trade, deal, institution, efficiency

DOI: 10.7256/2454-0706.2019.5.29505

Abstract: The subject of this research is the content of the concept of “special circumstances” in the activity of internal affairs bodies. The author carefully examines the various definitions of the term “special circumstances”, as well as proposes the original approaches towards its comprehension. Within the framework of meaningful approach for understanding special circumstances as an objective characteristics of the activity of internal affairs bodies, the article suggests the term “special circumstance of the activity” and its definition in the broad (non-normative) and narrow (normative) sense. In the context of procedural approach, characterized by understanding special circumstances as a special institutional regime of the activity of internal affairs bodies, the author proposes the term “regime of special conditions” and formulates its definition. The scientific novelty consists in clarification of the conceptual and categorical framework in the area of law enforcement activity. The research results carry theoretical-applied character and may be used by the authorized subjects in development of the regulatory acts, as well as further research on the topic.

Keywords: special legal regime, police officer status, state of emergency, crisis situations, special conditions, extreme situations, extraordinary circumstances, terminology, internal Affairs bodies, regime of counterterrorist operation

DOI: 10.7256/2454-0706.2021.2.34935

Abstract: The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

Keywords: license, punishment, medical services, pharmaceutical activities, medical activities, criminal liability, crimes, the health of the population, fine, deprivation of liberty

DOI: 10.7256/2454-0706.2021.4.35334

Abstract: The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

Keywords: sexual integrity of minors, crimes, the condemned, conditional sentence, criminal record, legal rule, criminal law, legislative technique, note, sexual freedom of minors

DOI: 10.7256/2454-0706.2018.6.26482

Abstract: The subject of this research is the problems of the Russian criminal policy, considering the correlation between the criminal law and the administrative legal relations. Attention is turned to the fact that the idea on criminal act would have been attractive if the Code of the Russian Federation on Administrative Offenses excludes all constituent elements that in its legal nature are not referred to administrative offences, but for some reason or other cannot be designated as crimes, although gravitate towards them. The majority of them is considered by courts as criminal acts. Based on the conducted analysis, the authors underline the need for revising the procedural norms that establish the patterns on criminal offences in the sphere of economics and preventative activity by integrating them into a single criminal-procedural form so that it does not doubt the fairness of grounds for exempting the criminal responsibility in the sphere of economic activity.

Keywords: responsibility, qualification, prejudice, offence, misconduct, crime, criminal proceeding, criminal policy, promotion, judicial penalty

DOI: 10.7256/2454-0706.2024.1.69497

Abstract: The subject of the study is the criminal law norms regulating legal relations in the field of sexual inviolability and sexual freedom of the individual (the article 132 of the Criminal Code of the Russian Federation). The object of the study was the legal relations arising in connection with violent sexual crimes and legal relations related to causing harm to health or death to a person. The authors consider in the most detail the signs of the objective side of sexual violence. The interpretation of violent acts of a sexual nature is suggested, which make it possible to assess their real social danger. The purpose of the study was to identify the doctrinal, law enforcement and legislative problems of the mentioned norm and proposals for their resolution. When writing the article, general, general scientific, private scientific and special research methods were used. The scientific novelty is substantiation of the fact that due to the legal and technical features of the legislative consolidation of the objective side of the composition of violent acts of a sexual nature, the importance of doctrinal and law enforcement interpretation of the signs of the objective side of sexual crimes, in particular, other violent acts of a sexual nature, increases. The conclusion is substantiated that ignoring the significance of the signs of the objective side of the crime leads to qualification errors. Recommendations for the legislative reconstruction of Article 132 of the Criminal Code of the Russian Federation are proposed. It is argued that while maintaining the legislative prerequisites for an ambiguous interpretation of other sexual acts, the law enforcement officer should take into account the actual and axiological content of the latter, which will allow them to assess their real social danger.

Keywords: broad interpretation, axiological approach, sexual freedom, sexual inviolability, other acts, lesbianism, violent acts, sodomy, qualification of crimes, the objective side of the crime

DOI: 10.7256/2454-0706.2023.7.39708

Abstract: The work is devoted to the analysis of the method of protection of the right "award for execution in kind" provided for in paragraph 8 of Article 12 of the Civil Code of the Russian Federation, paragraph 1. Article 308.3 of the Civil Code of the Russian Federation, the specifics of its application in practice. The subject of the study is domestic acts of interpretation of the norm, as well as the peculiarities of legal regulation of the method of protection of the right under study in foreign law. The study analyzes judicial practice, draws parallels with similar norms of foreign law and order. The practice of awarding requirements for performance in kind is heterogeneous and requires detailed study and systematization in order to unify. In the course of studying the issue, it was found that there is no consensus in law enforcement practice on some issues, in particular on the issue of the admissibility of awarding in kind the obligation to transfer things defined by generic characteristics. Analysis of legislation and acts of interpretation has shown that in the domestic legal field, the issue of awarding for execution in kind can be justified both "for" and "against" the possibility of awarding things with generic characteristics. In addition, the article reveals additional criteria for the admissibility of an award for execution in kind, which are not reflected either in normative acts or in acts of interpretation, but follow directly from actual court decisions.

Keywords: generic things, enforcement in civil law, Fulfillment of obligations, law enforcement practice, specific performance, method of protection of law, obligation, Civil law, Individually defined things, DCFR

DOI: 10.7256/2454-0706.2023.6.40911

Abstract: The author considers the features of the regulation of the application of a measure of restraint in the form of detention against entrepreneurs in criminal cases on economic crimes, as well as the practice of applying these norms. The relevance of the study lies in a wide public discussion about the presence of undue pressure on business, in a constructive change in the criminal procedure legislation, as well as inconsistent court practice. The author notes that today the main problem of applying the studied measure of restraint lies not in the legislative regulation, but in the absence of a developed single consistent position of the courts. At the same time, as a result of the analysis of the research topic, it is concluded that as part of the further comprehensive implementation of measures to reform the institutions for protecting entrepreneurship and creating a favorable environment for business, in the context of geopolitical instability, it is necessary to develop and adopt a number of changes to the criminal procedure legislation. In particular, it seems necessary to amend Part 1.1 of Art. 108 of the Code of Criminal Procedure of the Russian Federation, as well as the development of clear criteria by which economic activity could be distinguished from other types of activity in the field of criminal procedure.

Keywords: investigator, criminal proceedings, economic crimes, businessman, entrepreneurial activity, detention, preventive measure, investigation, investigation of crimes, preliminary investigation

Abstract: In this article M.L. Tyurkin presents detailed analysis of the concept of improvement of migration system of the Russian Federation for 2015-2020. This concept reflects a number of directions for the federal government bodies of the Russian Federation in the sphere of migration. Author evaluates the current state and tendencies of development of the migration system in Russia, existing contradictions and problems. The article also contains analysis of goals and principles of the migration system, main steps and expected results of application of the concept of the migration system of the Russian Federation.

DOI: 10.7256/2454-0706.2017.1.21632

Abstract: The subject of this work is the Part 2 of Article 210 of the Criminal Code of the Russian Federation, which stipulates criminal responsibility for participation in criminal syndicate (criminal organization); assemblage of the Russian normative legal acts of the XVII-XXI centuries, associated with establishment of the responsibility for organization of crime syndicates along with the membership therein; international legal acts that regulate responsibility for the organized criminal activity; judicial practice on criminal cases pertaining to organization of criminal community or participation in it; as well as problematic questions, opinions of the scholars reflected in scientific publications on the topic of research. The result of this work consists in refutation of position of a number of authors regarding the fact that for the acknowledgment of a member of crime syndicate as such, he must fulfil the role of executor, organizer, aider and abettor in one of the planned by the syndicate crime. The conclusion and scientific novelty of this research consists in formulation of the necessary set of features of the objective site of composition of participation in a crime syndicate, as well as author’s interpretation of their content. This article can be used by the law enforcement agencies in disputable situations regarding the presence or absence of the signs of composition of a crime, stipulated by the Article 210 of the Criminal Code of the Russian Federation.

Keywords: distribution of roles, Criminal Code of the Russian Federation , criminal complicity, point of conclusion of a crime , participation in criminal syndicate, criminal syndicate, causal connection, result of crime, secured activity, considerable contribution

DOI: 10.7256/2454-0706.2019.1.28693

Abstract: The object of this research is the social relations in the area of firearms trafficking. The subject of this research is the legal norms regulating the order of acquisition, possession, carrying of arms, as well as criminal responsibility for the illegal arms trafficking. The author gives attention to how the information technologies change the methods of committing crimes. The article underlines the danger produced by information through the Internet upon the young generation, which substantiates the commitment of firearms-related crimes. The author also points at the gaps in legislation that allow acquiring firearms for criminal purposes. The scientific novelty consists in examination of the questions of illegal arms trafficking using the Internet, particularly, the recently emerged new methods of committing such crimes, which did not receive due coverage in the scientific literature; as well as identification of the gaps in statutory regulation. The author makes recommendations on the improvement of regulation, and implementation of state policy with regards to crime prevention in the are of illegal arms trafficking.

Keywords: bitcoin, ammunition, hunting weapon, Columbine, Darknet, the Internet, information Technology, arms trafficking, criminal law, crime prevention

DOI: 10.7256/2454-0706.2019.3.29210

Abstract: The subject of this research is the legal presumptions as the means of legal technique used in criminal law. The author carefully examines such legal presumption, which significantly influences the application of criminal law standards, as presumption of knowledge of the criminal law underlying the principle “ignorance of the law is no excuse”. The article reviews a controversial question on its disputability, and thus, possible consideration as the legally significant circumstance of the ignorance of a person with regards to the content of criminal law (legal error). The scientific novelty consists in the description of situation, in which it is reasonable to admit the legal error, associated with the ignorance of criminal law, as a mitigating circumstance. The main conclusion establishes the need to exonerate individual for harm caused without clearly seeing the illegality of their action, if the norm of the Special Part of the Civil Code of the Russian Federation contains direct requirement of prior knowledge of their illegal nature, or if the individual had reasonable and sufficient basis to believe that the law makes a specific statement (not corresponding with reality) and the individual base their actions with the limitations of law within their understanding thereof.

Keywords: public danger, criminal casus, criminal responsibility, subjective imputation, knowledge of the law, presumption, legal error, legal fact, guilt, legal order

DOI: 10.7256/2454-0706.2019.5.29699

Abstract: The subject of this research is the criminal law standards establishing the rules for classification of crimes in cases when the subject of crime misestimates such factual circumstance of the committed act as the age of a victim. The author examines possible approaches towards the classification of crimes in situation, when prior knowledge of the age of victim serves as a qualification factor. The article also covers the questions of criminal policy with regards to protection of the minors from criminal violations in the case of inability to establish the prior knowledge of the victim’s age by the offender. The scientific novelty consists in suggestion of the new approach towards formulation of the elements of crime, in which the victim’s age is a criminally relevant factor that would ensure due protection of the minors, but does not contradicts the principle of subjective imputation. The main conclusion lies in the statement that the enhanced responsibility must be established for committing a crime, when the offender is now well aware of the age of the victim, but the latter yet had not attained certain age.

Keywords: age of victim, childhood protection, subjective liability, sexual crimes, aggravating circumstances, crime victim, minors, age, age of consent, factual mistake

DOI: 10.7256/2454-0706.2020.11.34699

Abstract: The subject of this research is the phenomenon of archaization of legal form, which is reflected multiple modern legal systems, including the legal system of modern Russia. The author believes that the state of current Russian legal order testifies to the downfall of one of the declared goals of Russia’s policy of the last three decades – establishment of the so-called rule of law; while the general academic theory of law has not yet formulated a precise understanding of the corresponding processes, as fearing to go beyond the scope of certain ideological boundaries, it first and foremost deals with the formally due than with actually essential. Archaization in the legal systems of modern countries is the revival of the forms of law, legal practice and legal consciousness that are inherent to the pre-capitalist societies. The thesis is substantiated that the process of archaization of law and legal form as a whole, should be considered as one of the objectively determined development patterns and functionality of the societies of dependent peripheral capitalism. The article reviews the objective prerequisites for this phenomenon: its conditionality by socioeconomic relations (preservation of the elements of other production methods in terms of peripheral capitalism), inequality in distribution of the key social resources, and specific social-class structure of the corresponding societies. The general definition of archaization of legal form acquires more precise contours when the author turns to the realities of modern Russian legal order.

Keywords: social inequality, legal consciousness, legal ideology, customary law, peripheral capitalism, capitalism, the rule of law, legal order, archaization of law, socialism

DOI: 10.7256/2454-0706.2023.1.39703

Abstract: The article discusses the features of the tax and legal regulation of cryptocurrencies in the Republic of India and the Russian Federation. A study of legal regulation and a study of the positions of legal scholars of the Republic of India, in terms of regulating the turnover of cryptocurrencies, as well as the experience of regulatory regulation of the turnover of cryptocurrencies in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of cryptocurrencies in the Russian Federation, in comparison with the legal regulation of the Republic of India. Public relations arising in connection with the turnover of cryptocurrencies are not regulated in any country of the world at the moment, including in terms of taxation of transactions using cryptocurrencies. In this connection, it is necessary to take into account the foreign experience of legal regulation of taxation of cryptocurrency turnover, including the Republic of India. The problem lies in the fact that amendments to the Tax Code of the Russian Federation have not been adopted at the moment, which would regulate the taxation of cryptocurrency turnover in the Russian Federation. To investigate the experience of legal regulation of taxation of cryptocurrencies of the Republic of India and to identify aspects that could be applied to form the legal regulation of taxation of turnover of cryptocurrencies in the Russian Federation. Previously, comparative legal research in this area has not been conducted.

Keywords: utilitarian digital rights, digital currency, digital financial asset, token, blockchain, cryptocurrency, taxation, mining, staking, Republic of India

DOI: 10.7256/2454-0706.2018.5.23052

Abstract: The author examines the political and legal conditions of development and adoption of the draft law on amending the Criminal Code of the Russian Federation with the Articles 230.1 and 230.2, containing the completely new subjects of offence. The article considers the conceptual discrepancies of the “Prohibited List” of the World Anti-Doping Agency – WADA, specifying the substances and/or methods banned for use in sports, Order of the Russian Ministry of Sports, and similar list approved by the Government of the Russian Federation. The article provides legal criminal characteristic of crimes stipulated in the Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation is provided; as well as reveals the essential element of offences. Recommendations are made on the improvement and modernizations of the norms for offences against health of the population in accordance with the regulations of international law. The scientific novelty lies in the detailed description of the essential element of offences, stipulated in the Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation, based on the normative legal acts of international law and Russian legislation, documents of the supreme judicial authorities with regards to offences against health of the population and public morality.

Keywords: inducement, list of the Government of the Russian Federation, lists of the Russian Ministry of Sports, WADA Prohibited List, doping , prohibited methods, substances, World Anti-Doping Agency, athlete, sports

DOI: 10.7256/2454-0706.2017.9.23957

Abstract: The subject of this research is the novelties enshrined in the Federal Law “On the Prosecutor’s Office of the Russian Federation”, associated with introduction of the institution of new or newly discovered circumstances as grounds for second verification in carrying out prosecutorial supervision. The author underlines the absolute novelty for the area of the prosecutorial supervision legal relations of the aforementioned institution, but points out that this is certainly not the first case of inclusion of corresponding norms into legislation that does not regulate the issues of judicial procedure, and provides sections from two federal laws as an example. The author expresses hypotheses on possible complications, which can emerge in the practice of the prosecutor in realization of the norms of the Federal Law “On prosecutor’s office of the Russian Federation”, which establishes the positions on new or newly discovered circumstances as grounds for second verification on adherence to the laws.

Keywords: Foundation check, new circumstances, legal violation, oversight, sources of information, execution of laws, newly discovered circumstances, re-inspection, Prosecutor, Prosecutor's inspection

DOI: 10.7256/2454-0706.2019.11.31518

Abstract: The subject of this research is the validity and conditionality of criminal legislation prohibitions, elements of offences, norms of criminal law, and other criminal law and criminal legislation constructs; theory of criminalization and penalization; criminal law-making theory; and legal argumentation. The article is dedicated to comprehension and interpretation of criminal law terminology (validity of the construct, conditionality of the construct, social conditionality of the construct, effectiveness of law enforcement, and other). This comprehension is educed from the extensive context of criminal law literature; the definition of terms is conducted in accordance with the theoretical-legal and criminal-legal understanding of stages and elements of the mechanism of legal regulation. Reference to the context of criminal law literature along with consideration of the logical-philosophical, theoretical-legal and criminal-legal perspective allowed presenting an original view on the subject matter, as well as propose grounds for validating and conditioning the construct. The obtained results may be applies in legislative and expert activity.

Keywords: conditioning of construct, grounds of construct, grounding of construct, legal argumentation, conditionality of construct, validity of construct, criminal law constructing, conditions of constructing, criminal law construct, enforcement efficiency

DOI: 10.7256/2454-0706.2021.2.35116

Abstract: The subject of this research is critical analysis of the differences and similarities of anti-corruption measures established by legislation on corruption prevention in relation to different categories of public officials. A comparison of such positions held is carried out. The goal of this work consists in the assessment of anti-corruption requirements, restrictions, prohibitions, and obligations imposed on various officials, as well as in determination of whether they should be differentiated or unified. The author examines the impact of unification and differentiation upon the development of anti-corruption legislation, and makes proposals on the improvement of anti-corruption regulation. The article employs formal-legal, systemic, and comparative methods. The conclusion is made that the optimal mechanism for anti-corruption regulation should be based on a combination of differentiation and unification with prevalence of the latter. The need for differentiation of anti-corruption restrictions and mechanisms for their implementation should be substantiated by the peculiarities of the status of category of a public official. All amendments to anti-corruption legislation should be examined from the perspective of application of unification requirement, as well as any differentiation should be justified. The acquired results allow formulating recommendations for the improvement of legislation on corruption prevention. For systematization of legislation and its analysis for appropriate application of differentiation or unification of anti-corruption regulation, the author offers an algorithm for assessing substantive and procedural anti-corruption regulation.

Keywords: corruption offenses, obligations, requirements, prohibitions, public official, restrictions, differentiation, unification, anti-corruption regulation, anti-corruption

Abstract: "Mergers" and "acquisitions" are considered in the United States as complex and specific legal institutions, regulated in detail by legislative regulations. The US legal doctrine defines "takeover" as one of the forms of changing "control" over the company as a result of the transfer of ownership of a large block of shares or the most liquid assets of the company and indicates the characteristic features in the presence of which "takeover" can be considered "unfriendly". To prevent "unfriendly takeovers", American companies can use general or special protection methods.

Abstract: At this time the term “public order” as a basis for declaring decisions of international commercial arbitration bodies void is being reevaluated both in legal doctrine and in practice. The author studies this problem and finds it necessary to turn to the concept of the “transnational public order”, which is the most acceptable expression of modern tendencies in this sphere. The author also stresses necessity of amending Russian legislation to limit the grounds for declaring the decisions of international commercial arbitration bodies void.

DOI: 10.7256/2454-0706.2021.7.36074

Abstract: The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

Keywords: subjective side, conspiracy, self-employed, limiting competition, competition, cartel agreement, income, antitrust law, criminal law prohibition, criminal law

DOI: 10.7256/2454-0706.2018.12.28200

Abstract: This article is devoted to criminal law and criminological problems of recording the identity of the perpetrator and its public danger. Based on the analysis of the current criminal legislation and court cases, the author notes the trend towards anonymity of the criminal policy, expressed in giving more significance to public danger of the crime and formal approach towards record of the perpetrators identity. Accent is made on the issue of surface study of danger to the public from the perpetrator, which impedes the correct of the convict, and development of preventative measures against future crimes. It is recommended to give more weight to the study of the profile of the perpetrator and the need to establish unified criterion for assessing the level of public danger from the individual for issuing a fair sentence matching the public threat the individual represents. It is noted that public danger of the perpetrator’s identity consists in the capability of committing a crime, which is the reason for conclusion on practical necessity for developing preventative measures for working with individuals that represent potential public danger and are prone to committing crimes.

Keywords: crime, punishment, dangerous state theory, criminal policy, preventive measures, social danger of the person, Criminal personality, social danger, crime prevention, relapse

DOI: 10.7256/2454-0706.2017.2.21866

Abstract: This article gives special attention to the analysis of the elements of public danger of crimes associates with violation of rules and safety requirements in rendering services. The author describes the peculiarities of public danger of the criminal violation of rules and safety requirements in rendering services that are expressed in elements of the composition of crimes and serve as the indicators of public danger. The work examines the question of demarcation of administrative violations and crimes committed in this sphere based on the content of their public danger. The main conclusion of this research consists in description of interconnection between the content of elements of the composition of crimes associated with the violation of rules and safety requirements in rendering services, as well as their character and level of public danger. The author substantiates the specificities of social legal content of public danger of this category of crime.

Keywords: Public danger, Object of encroachment, Criminal consequences, Sphere of commission of crime, Characteristic of act, Subject of crime, Means of crime, Rendering of hazardous services, Criminal violations, Criminal law

DOI: 10.7256/2454-0706.2019.12.31802

Abstract: This article dedicates special attention to the analysis of possibilities and directions of implementation of the most successful legal techniques pertinent to regulation of the terms of serving sentences in form of corrective labor without of isolation from society for the purpose of improving the system of national legislation in this regard. The subject of this research is the norms of the Russian criminal and penal law, as well as the criminal law provisions of Austria, Israel, China, Lithuania, Latvia, Belarus, Bulgaria, Kazakhstan, Serbia, Federative Republic of Germany, France, Switzerland, Sweden, South Korea, and Japan. The scientific novelty of the conducted research consists in the fact that in searching the new vectors of modernization of carrying out sentences in form of corrective labor in Russia, the author assesses the possibilities of reception of certain provisions of foreign legislation on the terms of serving various types of sentences in form of corrective labor without isolation from society. The main conclusion related to the suggestions on reception of the provisions of foreign criminal laws contributing to the following aspects: detailed consideration of personality traits of the convicts; establishment of additional criteria in making decisions on substitution of correctional works in cases of willful evasion of the convict from their fulfilment with other types of sentences; resolution of the questions of organization of the work of local self-government in the process of determining the place of corrective labor for the convicts.

Keywords: resocialization, humanization, imprisonment, foreign legislation, convicted defendant, labour, fine, community service, corrective works, probation department

DOI: 10.7256/2454-0706.2023.7.43893

Abstract: The article is devoted to the problem of the current state and prospects of the criminal legal regulation of the denial of genocide in Russia. The issue is considered in the context of the implementation of the state task of protecting historical truth, enshrined in Part 3 of Article 67.1 of the Constitution of the Russian Federation and other legal acts. Historical truth is socially significant reliable information about historical events related to ensuring the security of Russia, consisting of accurately confirmed historical facts. From 2020 to the present, the genocide of the peoples of the USSR has been established by court decisions in 13 regions of the Russian Federation, which gives information about these events both confirmation and public significance. Analysis of the current criminal law has demonstrated that in its version, denial of the genocide of the peoples of the USSR is not a crime. The discovery of legal and social grounds leads to the conclusion that it is necessary to criminalize the genocide of the peoples of the USSR. The experience of regulating liability for genocide denial in European countries does not allow us to recommend it for reception. The experience of criminalization of such an act in the Republic of Belarus is considered preferable. As an alternative to it, a new version of Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is proposed, providing for responsibility for denying the genocide of the peoples of the USSR.

Keywords: extremism, grounds for criminalization, criminalization, rehabilitation of Nazism, peoples of the USSR, genocide, denial of genocide, historical truth, national security, comparative law

Abstract: In this article the author singles out the role of the prosecution in protection of rights in the sphere of entrepreneurial activity by supervision over the relevant controlling bodies, showing the key goals and objects of prosecutors’ supervision. The author also attempts to classify the government bodies, working in the sphere of enteperpreneurial control, depending on their legal standing, forms, the way they deal with their issues, sphere of their competence, provides their general characteristics. The author also views the self-regulated organizations as governing bodies in the sphere of entrepreneurial activities, pays attention to the lack of normative regulation of supervision in the sphere of interaction between the prosecution and the self-regulated organizations, then the author shows the potential for their advanced cooperation in order to form a favorable legal fi eld for the economic activities of the people and for the attraction of the foreign investors.

Keywords: jurisprudence, state, prosecution, supervision, legality, entrepreneur, management, control, organization, interaction.

DOI: 10.7256/2454-0706.2015.1.8755

DOI: 10.7256/2454-0706.2015.1.52346

Abstract: Research on the subjects of social influence as the main correctional means for convicts is defined by the controversial nature of criminal punishment: on one hand, it is a measure of state enforcement, on the other – a measure of correction a criminal. Solution of such complicated issue is impossible using only the power of an institution or authority that carries out the criminal punishment, without involving a broad range of the members of the community. Criminal enforcement legislation does not clearly outline the circle of the subjects of social influence mentioning only a few forms of social groups and representatives of public. Based on the analysis of the Russian legislation and the practice of the correctional institutions on the cooperation with public organizations, the author offers a classification of the subjects of social influence by their organizational and legal forms, member structure, extent of authority, etc. Programs such as work release and community service as a form of social influence is being widely implemented within correctional work and have potential for future development.