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Bakradze A.A.. Questions of qualification of complicity of all members of an organized group as co-perpetrators of a crime // Legal Studies. – 2024. – № 8. – P. 13-23.
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Abstract: The author analyzes separate explanations of the Plenum of the Supreme Court of the Russian Federation regarding the qualification of the actions of all members of an organized group as co-perpetrators of a crime, regardless of their actual role, i.e. without reference to Article 33 of the Criminal Code of the Russian Federation. The author examines the structure of an organized group with one perpetrator, including in crimes with a special subject, compares various common features forms of complicity, clarifies the legal meaning of joint criminal activity, studies the actions of a participant in a criminal community (criminal organization) who is not the perpetrator of a specific crime, but in accordance with the distribution of roles within this community performing the functions of an organizer, instigator or accomplice. Judicial practice (case law) is given, solutions are proposed aimed at optimizing the criminal law and its practice applications. The methodological basis of the research was made up of general scientific methods: analysis and synthesis, logical, as well as private scientific methods: formal logical, comparative legal, and system analysis. Based on the results of the study, the author outlined some areas in which criminal legislation and the practice of its application can develop. Using the original argumentation, the structure of an organized group with one perpetrator is considered, including in crimes with a special subject. The issues of the validity of the qualification of the actions of all members of an organized group and a participant in a criminal community (criminal organization) who is not the perpetrator of a specific crime, but in accordance with the distribution of roles within this community performing the functions of an organizer, instigator or accomplice, as co-perpetrators of a crime, regardless of their actual role, i.e. without reference to art. 33 of the Criminal Code of the Russian Federation, and the need to return to the practice of qualification by roles.
Keywords: accomplice, instigator, organizer, special subject, criminal association, organised group, group of persons by prior agreement, co-execution, group of persons, complicity
References:
Yatselenko, B. V. (2024). The crime complicity institution: some issues of the doctrinal and judicial interpretation. Russian investigator, 1, 35-38. doi:10.18572/1812-3783-2024-1-35-38
Halushkova, D. O. (2022). Problem issues of qualification of actions of persons engaged in the sale of drugs using the internet, based on the commission of a crime as part of a group of persons, as well as an organized group. Social, economic and legal investigations, 1(67), 44-54.
Kirillov, M. A., & Pavlychev, A. A. (2024). Crime committed by an organized group. Bulletin of the Russian University of Cooperation, 1(55), 100-104.
Kotenko, I. (2023). Sustainability as a Key Feature Organized Group. Bulletin of Science and Practice, 9(12), 280-286. doi:10.33619/2414-2948/97/37
Mosechkin, Ilya N. (2022). Criminal liability for organizing a stable group of persons aimed at committing crimes in the field of computer information. Vestnik of Saint Pe
Reference:
Revenko N.I.. Material and electronic-digital traces as an element of the forensic characteristics of frauds committed in the way "Your relative got into trouble" // Legal Studies. – 2024. – № 8. – P. 58-66.
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Abstract: The subject of the study is the material and electronic-digital traces formed during the commission of fraud in the way "Your relative got into trouble". Despite the fact that the fraudster communicates with the victim by phone remotely, when committing fraud, there remains a certain set of material traces, the detection and investigation of which will allow to identify the fraudster courier and prove the event of the crime. The separation of electronic and digital traces into a separate group is associated with the use of information technology by fraudsters. During the investigation, the investigator seizes and examines such an electronic digital trace as a video recording from the victim's place of residence, from the location of the ATM used to transfer money stolen from the victim. Also, this group of traces includes information contained in the cell phones of the victim and the suspect, which confirm the latter's involvement in the crimes committed as part of a criminal group.  The study was conducted using general scientific methods of cognition: analysis, synthesis, deduction, induction, analogy; empirical methods: description, comparison, as well as private scientific methods: legal, sociological, formal legal. The novelty of the study, the conclusions. The analysis of criminal cases made it possible to establish that when committing this type of fraud, there are material traces that allow identifying the fraudulent courier, as well as proving the fact of committing a crime. Depending on the method used, specific traces remain, called in criminology as electronic-digital, which include video recordings from surveillance cameras of a fraudster courier at the moment when he came to the victim for money and transferred them to the account indicated to him through an ATM. The author's position is expressed that with the participation of a suspect during the inspection of video recordings, his testimony should be recorded in the interrogation protocol, and not in the protocol of inspection of objects. A large set of traces is contained in the memory of a cell phone seized from a fraudulent courier.
Keywords: telephone, Information technology, forensic characteristics, digital footprints, material traces, the victim, cheater, fraud, video recording, the mechanism of trace formation
References:
Revenko, N. I., & Vorobyova, P. V. (2023). Methods of committing fraud using information and telecommunication technologies. In Science and Technology – 2023: Collection of articles of the III International Scientific and Practical Conference (pp. 94-99). Petrozavodsk: ICNP NEW SCIENCE.
Sergeev, A. A. (1971). The essence and significance of the criminalistic characteristics of crimes. In Handbook for investigators (P. 43). Moscow.
Revenko, N.I. (2024). Ideal traces as an element of the forensic characteristics of "Your relative got into trouble" frauds. Law and Politics, 8, 45-56. doi:10.7256/2454-0706.2024.8.71447 Retrieved from http://en.e-notabene.ru/lpmag/article_71447.html
Mashlyakevich, V. A. (2017). On the issue of electronic digital traces formed during the commission of frauds using means of telephone communication. In Materials of forensic readings edited by O. V. Kruglikova (pp. 62-63). Barnaul : Barnaul Law Institute of the Ministry of Internal A
Reference:
Bondar' A.Y.. Forensic identification and its role in the investigation of poaching-related crimes // Legal Studies. – 2024. – № 6. – P. 81-95. DOI: 10.25136/2409-7136.2024.6.68909.
DOI: 10.25136/2409-7136.2024.6.68909
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Abstract: The subject of this study is the features of forensic identification in the investigation of crimes related to poaching. The purpose of the work is to consider and resolve certain problematic aspects of establishing the subject who left traces when committing poaching actions, i.e. the author considers the issues of establishing the identity of the alleged subject of criminal actions to the subject who left a trace when committing a criminal act. The relevance of the chosen topic has both theoretical and practical aspects of significance, which is confirmed by the existence of poaching throughout various historical epochs, while the issue of its forensic identification remains debatable. The author used universal dialectical, logical, descriptive, statistical, historical, comparative-legal, formal-legal research methods in this article. The scientific novelty of the research is determined by the author's proposal of innovative ideas for more effective identification of the facts of poaching. These include: the use of unmanned aerial vehicles, the use of artificial intelligence and the installation of GPS systems on hunting weapons. The proposed ideas can contribute to the resolution of the problematic issues highlighted in this article. The author notes the need to optimize the methods of forensic identification in the investigation of criminal cases of this category of crimes. Unfortunately, poaching harms biological diversity, and the purpose of its activities is to make a profit, which can lead to the destruction of populations of rare and endangered species, disruption of ecosystems and destruction of natural areas. It should be noted that the detection rate of poaching for 2022 remains low, which is another argument to the author's positions.
Keywords: optimization of forensic activities, GPS systems, artificial intelligence, UAV, inspection of the scene, forensic examination, criminal liability, objects of research, forensic identification, poaching
References:
Hunting (1890–1907). Brockhaus and Efron Encyclopedic Dictionary: in 86 t. St. Petersburg.
Kraskova, A. A. & Kharkiv, L. V. (2016). Poaching. Economics. Right. Management: modern problems and development trends, 12, 10.
Skvortsov, S. S. & Karpechenkov, V. M. (2021). Global forest problems and ways to solve them. Innovative approaches to the development of science and production of regions: a view of young scientists, 88-91.
Katalevsky, D. Yu. (2022). Digital transformation: how a fast food restaurant chain has become a market leader thanks to digital technologies. Innovation and investment, 8, 36-43.
Bondarev, I. A. & Korneeva, E. V. (2022). Destruction of protected areas and poaching in Russia. Actual problems of construction, housing and communal services and technosphere safety, 106-108.
Nesterkina, A. A. (2020). Negative impact of poaching on ecology and economy. Issues of sustainable development of society,
Reference:
Udintsev G.V.. Evolution of Russian legislation in the field of countering crimes committed by managers against the interests of corporations // Legal Studies. – 2024. – № 6. – P. 96-110. DOI: 10.25136/2409-7136.2024.6.70927.
DOI: 10.25136/2409-7136.2024.6.70927
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Abstract: The subject of the study is the process of evolution of domestic criminal legislation in terms of criminalization of acts committed by employees of corporations using their official position, special attention is paid to the heads of commercial corporate organizations.
The article examines the abuse of official position in the context of the development of society in the territory of modern Russia in the pre-revolutionary era, during the period of Soviet power and after perestroika. It describes the development of corporate and non-profit structures in the context of the development of bourgeois relations and the transition from private service to nationalization in the Soviet era, the impact of this fact on the increase in the number of official crimes. The author analyzes the impact of legal changes on the understanding of official crime, including the principles of criminal responsibility, the qualification of acts and differences in the criminal legal assessment of abuses by public officials and non-state employees. The research method is a consistent historical and legal analysis of the substantive and procedural criminal legislation of the Russian Empire, the RSFSR and the Russian Federation in the part under consideration. The historical analysis of the evolution of the institute of executive responsibility for crimes against the interests of service in corporations conducted in this article allows us to draw the following conclusion: understanding over several centuries the issues of criminal law regulation of corporate executives' responsibility has led to an awareness of the different legal nature of public service and service in corporate structures, entailing inadmissibility a unified approach to the criminal law assessment of abuses by public officials and non-governmental employees. Despite the apparent similarity, due to these differences, a different approach is required to the criminal legal assessment and measures to counteract these, undoubtedly, inherently different acts. Thus, the appearance in the criminal legislation of Russia of a system of crimes against the interests of service in corporations is unambiguously historically and economically conditioned.
Keywords: process of criminalization, criminal law, evolution, historical and legal analysis, use of official position, the interests of the service, service, manager, commercial organizations, corporation
References:
Volzhenkin, B. V. (2000). Official crimes. Moscow: Yurist.
Clarke, M. (1990). Business Crime: Its Nature and Control. Oxford: Polity.
Bosworth-Davies, R. (1996). Analysis. Deviant Legitimacy – A Theory of Financial Crime. Journal of Financial Crime, 1(4), 7-16.
Foynitsky, I.Ya. (1907). Course of criminal law. The Part Is Special. Personal and property encroachments. 5th ed. St. Petersburg: Type. M.M. Stasyulevich.
Gorsky, A.D. (1985). Legislation of the period of formation and strengthening of the Russian centralized state. Moscow: Legal literature.
Minkova, A.M. (2002). Criminal liability for abuse of authority in commercial and other organizations: dis. ... cand. Law sciences. Rostov on Don.
Shershenevich, G.F. (1912). Course of commercial law. The trading process. Competitive. 4th ed. Moscow: Br. Bashmakov.
Cytovich, P.P. (1902). Essays on the theory of commercial law. Issue 4: Promissory note law
Reference:
Gorenko M.G., Markov A.A.. Mediation in bribery as a special type of complicity, reflected in Article 291.1 of the Criminal Code of the Russian Federation // Legal Studies. – 2024. – № 5. – P. 66-75. DOI: 10.25136/2409-7136.2024.5.70699.
DOI: 10.25136/2409-7136.2024.5.70699
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Abstract: The subject of the study is mediation in bribery as a special type of complicity in Article 291.1 of the Criminal Code of the Russian Federation. The authors consider in detail the aspects of its reflection in the specified article of the Special part of the Criminal Code of the Russian Federation, as a circumstance having a specific similarity with the methods of aiding and abetting, regulated in Part 5 of Article 33 of the General Part of the Criminal Code of the Russian Federation. Special attention is paid to the issue under consideration to clarify the meaning and content of the explanations of the Plenum of the Supreme Court of the Russian Federation, to study the opinions of criminologists in the field of criminal law, the rules of the Russian language and to identify the etymology of the origin of the word. The purpose of the work is to analyze the sign of mediation within the framework of Article 291.1 of the Criminal Code of the Russian Federation for its attribution to a special type of complicity that has a genetic connection with the provisions of Part 5 of Article 33 of the Criminal Code of the Russian Federation. The research is based on the universal dialectical method of cognition. In addition, the article uses such general scientific and private scientific methods as analysis, synthesis, analogy, induction, deduction, historical, systemic-structural, formal-legal. The result of the work was the revealed dissonance in the acts of judicial interpretation related to the criminal law assessment of mediation actions carried out in a small amount, within the framework of Articles 204.1 and 291.1 of the Criminal Code of the Russian Federation and Part 5 of Article 184 of the Criminal Code of the Russian Federation. The authors have revealed that mediation in bribery, in essence, is correlated with complicity (within the meaning of Part 5 of Article 33 of the Criminal Code of the Russian Federation). The novelty of the work lies in the fact that it attempts to study mediation in bribery as a special type of complicity in the context of the systemic connection of the General and Special parts of the Criminal Code of the Russian Federation, with proposals for legislative transformation of parts 5 of Articles 33 and 291.1 of the Criminal Code of the Russian Federation. At the end of the article, a conclusion is drawn about the imperfection of the norms on the types of accomplices to a crime regulated in the General Part of the Criminal Code of the Russian Federation. In particular, the list of complicit actions in Part 5 of Article 33 of the Criminal Code of the Russian Federation is closed, but it is more expedient to make it open, which, it seems, may lead to the exclusion of liability for mediation in bribery (Article 291.1 of the Criminal Code of the Russian Federation).
Keywords: bribery, a bribe, the criminal law system, mediation, aiding, an accomplice, special types of accomplices, accomplices of the crime, complicity, corruption
References:
Ilijev, A. A. (2023). Reflection of the provisions of the General part of the Criminal Code of the Russian Federation on crime in its Special part: problems of theory and legislative regulation: dis. ... doct. Jurid. sciences'. Rostov-on-Don.
Ershov, S. A. (2013). Prospects for the development of the concept of an accomplice. Russian investigator, 24, 14-17.
Obrazhiev, K., & Chashin, K. (2013). Criminalization of mediation in bribery: search for an optimal model. Criminal law, 6, SPS "ConsultantPlus".
Lepikhin, M. O. (2017). Mediation in bribery in the light of additions made to the Criminal Code of the Russian Federation. Actual problems of Russian law, 4(77), 110-116.
Kulakov, V. O. (2021). On the question of the need to construct special structures of complicity in crime in a special part of the criminal law. Problems of the formation of civil society: collection of articles of the IX International Scientific Student Conference. Volume Part III (March 19, 2021
Reference:
Shavlovskaya V.V.. Criminal legal model of criminalization of illegal actions in relation to organs and (or) tissues // Legal Studies. – 2024. – № 5. – P. 1-7.
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Abstract: The work examines some features of criminal liability for actions in relation to human organs and (or) tissues. The author noted that in the context of the need to maintain the “purity” of the qualification of a criminal offense, the need for the timely and correct establishment of a criminal law prohibition in domestic law, there is no stable model for the criminalization of illegal actions in relation to human organs and (or) tissues. In connection with this, the object of study is the social relations that arise in connection with the commission of crimes against human organs and tissues. The subject of the research is Russian modern criminal legislation, foreign criminal legislation, scientific works reflecting the problems raised in the work. Particular attention is paid to the criminal legislation of neighboring countries, since it is there that there are provisions that are interesting from the perspective of the research topic. As a result of the review, the author states that at present there is an urgent need to legislate special rules establishing criminal liability for illegal actions in relation to human organs and tissues. The analysis showed that the current criminal law does not have a stable system for the group of criminal offenses under consideration. Supporting the opinions of most experts in the field of criminal law, the author considers the criminalization of illegal trade in human organs, tissues and cells justified. In addition, the analysis made it possible to develop an abstract criminal law model for the criminalization of illegal actions in relation to organs and (or) tissues, which includes two groups of criminal offenses: crimes related to the manipulation of human organs and tissues; trade in human organs and tissues. At the end of the work, the design of the named model is proposed.
Keywords: human cells, corpse, person, corpus delicti, legal model, criminalization, tissues, organs, crime, biological materials
References:
World leader in black transplantology: In Ukraine, organs are sold both online and offline. Retrieved from https://rg.ru/2023/08/06/potroshiteli.html
Shavlovskaya, V.V. (2021). Trade in human organs and (or) tissues: a gap or deliberate silence of the legislator? Development of legal science in new conditions: the unity of theory and practice: a collection of reports based on the materials of the All-Russian scientific and practical conference with international participation, Rostov-on-Don, November 12, 2021 (pp. 359-362). Rostov-on-Don-Taganrog: Southern Federal University.
Smirnov, V.A. (2004). System of crimes related to the use of human organs and tissues. Siberian Legal Bulletin, 1, 43-45.
Yakimenko, A.S. (2007). Criminal liability for crimes related to the illegal removal of human organs and (or) tissues: dis. ...cand. legal Sci. Rostov-on-Don.
Factory, T.A. (2007). Problems of criminal liability for coercion in the removal of human organs or tissues for transplant
Reference:
Bikkulov A.E.. A comprehensive study of the main theoretical and practical aspects of the qualification of crimes in the field of economic activity by evaluation criteria // Legal Studies. – 2024. – № 4. – P. 98-108. DOI: 10.25136/2409-7136.2024.4.40984.
DOI: 10.25136/2409-7136.2024.4.40984
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Abstract: The subject of the study is the theoretical, legal and practical aspects of the analysis and consideration of evaluation features in the qualification of economic crimes.
The author, focusing on the key provisions of the theory of criminal law devoted to the interpretation of evaluative features of the corpus delicti, formulates their definition itself, classifying species diversity in relation to the norms of Chapter 22 of the Criminal Code of the Russian Federation.
Special attention is paid to the elements of blankness, descriptive and evaluative dispositions of articles providing for criminal liability in the economic sphere of management. The importance of certain conceptual normative legal documents of regulatory branches of law, namely: banking, tax, currency and others for the process of correct qualification of certain types of criminal encroachments is emphasized.
Exploring normative acts and scientific works in the context of the stated problems, the author uses as the main method of system analysis, as well as universal dialectical, logical, formal-legal, hermeneutic methods in their entirety that allowed a thorough analysis of the technical and legal basis for the construction of certain types of evaluation features within the framework of Chapter 22 of the Criminal Code of the Russian Federation, subdividing them quantitative (size), qualitative (not measurable in value) and cumulative; substantiate the theoretical and practical conclusions presented in the work, taking into account the latest legislative developments and the practical needs of the law enforcement officer.
The work contains the author's approaches to such problems as the concept of qualification of crimes, evaluative features of the corpus delicti, the ways of their clarification and species diversity in the field of qualification of crimes of an economic orientation within the framework of the interaction of the doctrine of criminal law and law enforcement activities are formulated. The proposed innovations of the "basic legal structures" form in their entirety the novelty of the work.
In addition, the author proposes the adoption of a separate resolution of the Supreme Court of the Russian Federation containing the basic principles for the use of the category of "evaluation features" within the framework of Chapter 22 of the Criminal Code of the Russian Federation for their orderly interpretation and uniform application.
Keywords: amount of criminal activity, qualification, blanket character, evaluative signs of delicti, corpus delicti, Criminal Code of the Russian Federation, economic activity, economic crimes, amount, cost
References:
The Constitution of the Russian Federation on December 12, 1993 (subject to amendments made by the Laws of the Russian Federation on Amendments to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008, No. 7-FKZ of December 30, 2008, No. 2-FKZ of February 05, 2014, No. 11-FKZ of July 21, 2014, as amended, approved during the all-Russian vote on 01.07.2020). Retrieved from http://www.pravo.gov.ru
Criminal Code of the Russian Federation No. 63-FZ of 13.06.1996 (ed. of 28.04.2023). Retrieved from http://www.pravo.gov.ru
Review of judicial practice of the Supreme Court of the Russian Federation No. 2 (2022), (approved by the Presidium of the Supreme Court of the Russian Federation on October 12, 2022. Retrieved from https://vsrf.ru/documents/practice/31604
Sentence of the Anapa City Court (Krasnodar Territory) No. 1-182/2020 of May 21, 2020 in case No. 1-182/2020. Retrieved from https://sudact.ru/vsrf/doc
Harutyunyan, H.A. (2023). Types of errors in the qualification of crimes
Reference:
Sogomonov D.K.. Optional features of the objective side in crimes against life and health under the legislation of some countries of the Romano-Germanic legal family (using the example of Germany and France) // Legal Studies. – 2024. – № 4. – P. 9-22.
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Abstract: The need for an integrated approach to the study of optional by nature signs of the objective side and their role in crimes against life and health requires turning to the experience of foreign countries. In this connection, the work examines some features of the construction of optional signs of the objective side in the above-mentioned criminal offenses in the criminal legislation of Germany and France. The conducted comparative research made it possible to see ways of improvement and vectors of development of criminal law policy, the implementation of which is carried out precisely by the correction of the criminal law. Based on the results of the work, the author indicates that legislators in Germany and France, unlike in Russia, do not attach serious importance to optional signs of the objective side when constructing crimes against life and health. At the same time, certain features in the regulation of optional signs of the objective side in crimes against life and health, which are not characteristic of domestic law, are still refined. For example, in Germany, in relation to murder in a state of passion, not only the determinants of the occurrence of a state of strong emotional excitement, but also the pre-criminal behavior of the subject of the crime are taken into account. It is also noted that the German Criminal Code regulates liability for participation in a fight; it regulates liability for abortion that occurs outside the established period of pregnancy at which it is possible. In addition, it was revealed that the French Criminal Code criminalizes hiring to commit murder if the mercenary did not plan to commit a criminal act. In conclusion, the author of the work suggests ways to improve domestic legislation taking into account the studied foreign experience.
Keywords: law, criminal, optional signs, criminal law, France, objective side, Germany, signs, health, life
References:
Aitova, O.F. (2017). Criminal legal problems of the time of crime: dis. ...cand. legal Sci. Saratov.
Artyushina, O.V. (2011). Murder with extreme cruelty: criminal legal and criminological aspects: dis. ...cand. legal Sci. N. Novgorod.
Druzhkov, S.N. (2002). Criminal legal functions of special cruelty as part of murder: issues of theory and practice: dis. ...cand. legal Sci. Izhevsk.
Krotov, S.E. (2005). Differentiation of criminal liability depending on the categorization of crimes, qualifying features and aggravating circumstances: dis. ...cand. legal Sci. Moscow.
Luneva, A.V. (2013). Criminal liability for infanticide: problems of theory and law enforcement: dis. ...cand. legal Sci. Moscow.
Popova, N.P. (2005). Responsibility for crimes committed with extreme cruelty: dis. ...cand. legal Sci. Moscow.
Radjabov R.M. (2009). Responsibility for crimes against the person committed with extreme cruelty: dis. ...cand. legal Sci
Reference:
Lihachev N.A.. Intangible space as a new form of crime scene: doctrinal aspect // Legal Studies. – 2024. – № 4. – P. 1-8.
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Abstract: The article discusses the problems of defining cyberspace and information space as a possible place of commission of a crime or other optional sign of an objective party in relation to specific acts provided for by the norms of the Special Part of the Criminal Code of the Russian Federation. The properties and characteristics of cyberspace are determined, and a comparison is made with the intangible and information space. The problem of determining the connection of cyberspace to specific objects of the material world – computer media, servers, the impossibility of the existence of cyberspace in isolation from three-dimensional reality at this stage of scientific and technological development, which predetermines the criminal legal classification of crimes, is noted. The scientific novelty of the work lies in the fact that the article substantiates an innovative approach to determining the place of intangible space in the system of composition characteristics. The author notes that the current realities force us to take a fresh look at the perception of the content of such a sign of the objective side of the crime as the place where the latter was committed, since its traditional understanding from the position of an object of material reality – a specific section of the earth’s surface, which has its own geographical landmarks and coordinates – does not meet the modern needs of the theory and practice of applying criminal law. As a result of the research, the author concludes that the development of computer technologies, communications and the information and telecommunications network “Internet” contributed to the emergence of a new – information – space, which by its nature is intangible and actually does not exist in a three-dimensional dimension.
Keywords: legislation, crime, cybercrime, space, Corpus delicti, objective side, information space, cyberspace, criminal law, Information Security
References:
Dremlyuga, R. I., & Kripakova, A.V. (2019). Crimes in virtual reality: myth or reality? Actual problems of Russian law, 3(100), 262.
Danelyan, A.A. (2020). International legal regulation of cyberspace. Education and Law, 1, 162.
Efremova, I.A., Smushkin, A.B., Donchenko, A.G., & Matushkin, P.A. (2021). Cyberspace as a new crime environment. Vestn. Volume. State University, 472, 249.
Konyakhin, V. P., & Prokhorova, M. L. (2014). Russian criminal law. General part: textbook for universities. Moscow: CONTRACT.
Samovich, Yu.V. (2023). About Cyberspace security: Cyberpunk 202..? Legal Bulletin of Samara University, 2, 87.
Cherkesov, A.Yu., & Sabirov, I.F. (2023). Signs and objectives of terrorism in cyberspace. Journal of Applied Research.
Statistics and analytics of the Ministry of Internal Affairs of Russia. Retrieved from https://xn--b1aew.xn-p1ai/re ports/item/22678184/
Reference:
Danilovskaia A.V.. Unfair competition: problems of criminalization of acts and differentiation of responsibility for their commission // Legal Studies. – 2024. – № 4. – P. 23-48.
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Abstract: The subject of the study is the problems of criminalization of unfair competition and differentiation of criminal liability for its implementation. In particular, the following issues are analyzed: the current state of criminalization of acts provided for in art. 128.1, 146, 147, 180, 183, 185.3 and 185.6 of the Criminal Code of the Russian Federation, the signs of which correspond to a certain extent to the prohibitions of the Federal Law "On Protection of Competition"; legislative techniques in the design of their compositions; qualifying and especially qualifying signs, sanctions provided for the commission of crimes of the specified group; practices in the field of application of the listed articles of the Criminal Code of the Russian Federation, including in countering unfair competition. The purpose of the work is to identify the problems of criminalization of acts that have signs of unfair competition, violations of legislative technique, shortcomings in the differentiation of criminal liability for their commission, and identify ways to eliminate them. The research methodology is based on general scientific and private scientific methods of cognition, dialectical, logical, formal legal, comparative legal, hermeneutic research methods, as well as methods of legal modeling and legal forecasting are used. The scientific novelty lies in the analysis of the problems of constructing 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 as a whole and in connection with their content with violations of the prohibitions contained in Articles 14.1-14.8 of the Federal Law "On Protection of Competition", proposals on criteria for criminalization of acts, research qualifying (especially qualifying) signs and sanctions as means of differentiating criminal liability, as well as in proposals for their improvement.
The conclusions are based on the absence in the Criminal Code of the Russian Federation of a clear mechanism for protection against unfair competition, ideas about changing legislation aimed at establishing specific grounds for criminal liability for unfair competition, unification of qualifying signs and the proposal as a sanction of penalties and their sizes uniform for the entire group of criminal forms of unfair competition, as well as the extension to crimes, provided for in Articles 180, 185.3 and 185.6 of the Criminal Code of the Russian Federation, the institution of confiscation.
Keywords: differentiation of criminal liability, disclosure of trade secrets, criminal liability, intellectual property objects, means of differentiating responsibilities, unfair competition, criminalization, Corpus delicti, competition protection, discredit
References:
Danilovskaia, A. V. (2021). Economic justification of criminal law policy in the field of competition protection. Lex Russica, 2, 93-107.
Danilovskaia, A. V. (2024). Unfair competition: the current state of criminalization. Law and Politics, 4, 1-23.
Sizov, V. A. (2017). Current problems of countering crimes related to the illegal use of means of individualization of goods (works, services). News of higher educational institutions. Volga region, 1(41), 40-48.
Kudryavtsev, V.L. (2011). Crimes against intellectual property: some problems of unification and improvement. Crimes against intellectual property: materials of the International. Scientific-practical conf. (May 19–20, 2011). N. Novgorod: Nizhny Novgorod branch of the National Research University-Higher School of Economics. Retrieved from https://www.iuaj.net/node/735
Naumov, Yu. G., & Khaziev, G. A. (2021). Illegal use of insider information and market manipulation as a thr
Reference:
Erte D.. The specifics of the subjects of crimes with administrative prejudice in the field of road safety // Legal Studies. – 2024. – № 3. – P. 51-61. DOI: 10.25136/2409-7136.2024.3.69995.
DOI: 10.25136/2409-7136.2024.3.69995
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Abstract: The subject of this study is the key features of the perpetrators of crimes against road safety, the legal construct of which is made using administrative law. The special status of persons committing crimes of this kind is emphasized by gross disregard for the rules established by law, disregard for the regulations in force against them. Based on the analysis of statistical indicators of road traffic accidents caused by drivers of vehicles, the public danger of committing such criminal acts is justified. These acts imply the onset of criminal consequences only if the person who committed them has special features. The emphasis in this case is on the increased danger of the subjects themselves committing intentional violations of traffic rules, referring them to the malicious type of violators with legal nihilism. To define the concepts of this study, a dialectical methodology was used; in order to comprehensively understand the key features of subjects of crimes with administrative prejudice in the field of road safety, elements of sociological methodology were used. In the study of individual issues, private scientific methods were used, such as formal legal and comparative legal. The results of the conducted research are presented by the classification of signs possessed by the subjects of crimes with administrative prejudice in the field of road safety, their characteristics are given. The connection between the administrative prejudice and the subject as an element of the corpus delicti is substantiated, which, first of all, is justified by the assessment of the social danger of the offender and the choice of a preventive measure commensurate with the social danger of the offender. An important role in assessing public danger is played by determining the psychological portrait of the person who committed the crime, which covers the chronology of his administrative offenses and the frequency of violations of the same prescription. Based on the data obtained about the subject of the crime, the principles of proportionality of punishment and personal responsibility are implemented. In this case, these principles imply the influence of administrative prejudice on the fair distribution of sanctions, and previous administrative offenses aggravate the responsibility of the person.
Keywords: criminal record, administrative prejudice, public danger, road safety, driving a vehicle, driver, the subject of the crime, the composition of the crime, crime, criminal law
References:
Korobeev, A.I. (2015). Criminalization of driving while intoxicated: back to the future // Modern problems of criminal policy: materials of the VI international scientific and practical conference. Krasnodar, 1, 51-52.
Laktyukhin, A. O. (2023). The essence of administrative prejudice as a legal phenomenon // Current problems of Russian law, 11 (156), 135-145.
Gruntov, I.O. (1985). Criminal law norms with administrative prejudice: abstract. dis. ...cand. legal Sci. Minsk, 12.
Yakovlev, A.N. (1964). Combating recidivism. M., 32.
Malkov, V.P. (1974). The totality of crimes (issues of qualification and sentencing). Kazan, 123.
Galakhov, A.V. (2008). Issues of qualification of crimes and its interpretation in judicial practice // Russian justice, 2, 38-42.
Morozova, N. A. (2021). The state of administrative punishment // Lex russica, 74 (9), 44-53.
Bogdanov, A.V. (2018). Features of the subject of crimes containing administrative prejudice in the current criminal law of Russia // Man: c
Reference:
Ilin I.Y.. Self-interest as a qualifying sign of crimes in the field of entrepreneurial activity // Legal Studies. – 2024. – № 3. – P. 62-79. DOI: 10.25136/2409-7136.2024.3.69721.
DOI: 10.25136/2409-7136.2024.3.69721
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Abstract: Entrepreneurship in the general consciousness can be represented as the most ancient and natural institution of society for humanity. Legislative regulation of such a significant social institution was only a matter of time. Rapidly changing historical conditions radically changed both society and the state; legislation, as a superstructure, underwent modernization in accordance with changing realities, which led to the formation of some legal rudiments that migrated from earlier norms of law.
This article examines the criminal law norms of Russian law that establish responsibility for committing crimes in the field of business activity, the main or qualified elements of which include such a sign of the subjective side as “selfish interest”. In the context of this study, selfish interest is analyzed as one of the main crime-forming factors of some articles of the Criminal Code, while in other norms of law the attribute in question is only implied in absentia when qualifying unlawful acts committed.
The author used both theoretical and empirical methods of cognition when considering existing criminal law norms and their practical use in modern realities.
Based on the results of the analysis, the author comes to his own conclusion that the appropriateness of the presence of the above feature in the criminal law in the form in which it currently exists should be questioned. The author provides arguments and evidence of reasons to doubt the generally accepted point of view based on the very nature of entrepreneurial activity and its correlation with self-interest. Based on the collected data presented in this article, the author has identified and discussed possible shortcomings of the current criminal law, expressed in the presence of a designated sign of the subjective side of crimes enshrined in many articles of the criminal code.
Keywords: qualification of crimes, the distinction between crimes, business crimes, entrepreneurship, sign of the subjective side, selfish goal, selfish motive, selfish criminals, selfish interest, self-interest
References:
Gorshenkov, G. N., Kabanov P. A., Kastorskij G. L., & Kolesnikov V. V. (Ed.). (2003). Crime among social subsystems. New concept and branches of criminology. (р. 227). St. Petersburg: Legal "Press" center.
Dal, V.I. (2006). Explanatory dictionary of the living Great Russian language: In 4 volumes. Volume 2. (p. 784). Moscow: RIPOL classic.
Tyutyunnik, I.G. (2015). The relationship between the concepts of “selfish motive” and “selfish motive” in the Criminal Code of the Russian Federation. Bezopasnost' biznesa (Business security), 4, 36-38.
Turyshev, A. A. (2020). Selfish motive for crime. Nauchnyj Vestnik Omskoj Akademii MVD Rossii (Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia), 4, 21.
Vishnevetsky, K. V. (2019). Victimological modeling of mercenary crime. Yuridicheskiye nauki (Legal sciences), 2, 90.
Petrochenkov, S.D. (2017). Selfish interest as a qualifying feature
Reference:
Chakiev M.A.. The personality of the offender who commits crimes against people with disabilities and the victimological characteristics of the disabled victim // Legal Studies. – 2024. – № 3. – P. 80-97. DOI: 10.25136/2409-7136.2024.3.69803.
DOI: 10.25136/2409-7136.2024.3.69803
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Abstract: One of the vulnerable and unprotected groups of the population are persons with health problems with persistent disorders of body functions, leading to limitations in life activity and necessitating their social and legal protection. Often such persons are chosen by criminals as victims due to their defenseless or helpless state, which does not allow them to resist or makes their property accessible to third parties. The analysis of criminal cases revealed some personality traits of the criminal who chooses disabled people as victims, and also identified three groups of crimes, the commission of which has the specificity of choosing a victim with physical or mental disabilities. These are crimes of violence, crimes against property and corruption. The personality characteristics of the criminal have common characteristics in the case of crimes committed against such a category of victims in everyday life, or who chose the victim immediately before committing the crime, realizing the impossibility of proper resistance or protection of their property. A thorough analysis of each category will allow us to develop appropriate individual preventive measures. Considering the importance of protecting people with disabilities, the peculiarities of their legal status and health status, we consider it important to develop a separate interdisciplinary area of criminology - victimology of the disabled.
Keywords: crime prevention, preventive measures, focus of crimes, prevention, victimological characteristics, victim, criminal, disability, victimology, latency
References:
Goskova, D. Zh. (2023). Helplessness of the victim: theoretical views and law enforcement practice. Jurisprudence, 7(2), 130.
Kabanov, P.A. (2017). Modern criminological victimology: trends and some prospects for development. Victimology, 3(13), 5-15.
Kabanov, P.A. (2016). Criminal victimization of persons with disabilities (disabled people of the first and second groups): statistical measurement 2014-2015. Legal research, 6, 1-11. doi:10.7256/2409-7136.2016.6.19421 Retrieved from https://nbpublish.com/library_read_article.php?id=1942
Kochin, A.A., & Kharlamov, V.S. (2021). Modern victimological portrait of an individual who has suffered from a crime. Russian investigator, 12, 68-72.
Mikhailovskaya, O.V. (2021). Criminal legal protection of a person in a helpless state. Moscow: Unity-Dana Publishing House, LLC.
Mullakhmetova, N.E. (2017). Victims of crimes with mental disorders: victimological and criminal procedural aspects. Victimology
Reference:
Ostroushko A.V., Chukreev V.A., Bukalerov S.A.. Criminal liability for sexual offences against minors in the United States, Canada and the United Kingdom // Legal Studies. – 2024. – № 3. – P. 98-114. DOI: 10.25136/2409-7136.2024.3.70015.
DOI: 10.25136/2409-7136.2024.3.70015
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Abstract: The subject of the study is the types and forms of criminally punishable sexual violence against children available in the legislation of the United States of America, Canada and the United Kingdom. The author examines in detail the descriptions of the circle of persons who may be subjects of sexual acts with minors, enshrined in various legal norms of these countries. Their comparative characteristics are carried out, positive trends that can be implemented in the criminal legislation of the Russian Federation are identified. The concepts of "statutory rape" and "age of sexual consent", unknown to the Russian legal doctrine, are considered. The issues of compensation for harm caused to minors who suffered from sexual acts are investigated. Based on the dialectical method of cognition of the surrounding reality, the study is based on a comparative analysis of the provisions of US criminal law on the example of legislative acts of various states, Canada and the United Kingdom on combating child sexual abuse. The main conclusions of the study are: the legislation of the Anglo-Saxon countries recognizes various types of sexual violence against minors as acts of special public danger: the severity and effectiveness of punishment for these acts are quite high; The degree of elaboration of definitions concerning sexual crimes is more extensive and detailed, fixed in the norms of criminal legislation. Legally, the concepts are given and the measure of responsibility for such actions with minors as incest, sodomy, pederasty, oral copulation is defined, the pitchforks of obscene or lascivious actions and a number of others are described in detail. The additional civil liability of an adult who has had sexual intercourse with a minor in the form of monetary compensation deserves attention. The legislation of foreign countries is able to enrich the domestic norms of the criminal code in the case of the implementation of certain substantive provisions.
Keywords: implementention, criminal liability, crime counteraction, incest, sexual offences, minors, criminal law, Unated Kingdom, Canada, Unated States
References:
Avdalyan, A.Ya. (2014). Combating sexual crimes committed in the United States of America. Bulletin of Moscow University of the Ministry of Internal Affairs of Russia, 5, 85–90.
Donchenko, A. G., & Tokareva, A. A. (2018). Responsibility for crimes related to sexual exploitation and sexual abuse of minors in modern legal systems, Lex Russia, 6(139), 54–62.
Bimbinov, A. A. (2015). Non-violent assaults on the sexual integrity of minors under the criminal law of foreign countries, Bulletin of the University named after O.E. Kutafina (MGYuA), 7, 147–161.
Maslov, A. V. (2020). Foreign experience in combating crimes against sexual freedom and sexual integrity committed against minors, Notes of a scientist, 5, 139–144.
Stalbovsky, V.V. (2021). On the age of sexual consent, Bulletin of the Academy of the Ministry of Internal Affairs of the Republic of Belarus, 2(42), 142–150.
Berchenev
Reference:
Spirin P.N.. Social and legal conditionality of customs duties evasion criminal liability // Legal Studies. – 2024. – № 2. – P. 12-26.
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Abstract: The subject of this article is the socio-legal conditionality of establishing liability for criminal evasion of customs and other payments. This article aims to answer the question of the validity of the elevation of the specified illegal act in the field of economic activity to the category of criminally punishable acts by analyzing relevant statistical data, recent legislative changes in the criminal law, studying the author's positions on the expediency of criminal law protection of calculation and collection of customs and other payments, and also taking into account technical transformations in the customs infrastructure. The author used dialectical, systemic, sociological, statistical, comparative legal methods to study the patterns of changes in the field of customs relations and subsequent legislative transformations in criminal legislation, the impact of these legislative decisions on statistical indicators of countering customs crime. As a result of the analysis of current statistical data related to the dynamics of the number of registered crimes, economic harm caused, recent legislative changes in the criminal law sphere, the study of author's positions on the expediency of criminal law protection of public relations related to the calculation and collection of customs and other payments, as well as taking into account information and technical transformations in the customs infrastructure the author concludes that it is advisable to establish a criminal law prohibition on evasion of customs payments, special, anti-dumping and (or) countervailing duties levied on organizations, as well as individuals. The relevance of this article is also due to the fact that over the past almost 10 years there have been no works devoted to the analysis of the socio-legal conditionality of establishing liability for evasion of customs and other payments paid in connection with the movement of goods across the customs border.
Keywords: crime, the customs sphere, criminalization, economic damage, public danger, Criminal Code of the Russian Federation, socio-legal conditionality, validity, payment of customs duties, evasion
References:
Abdullayeva, H. A. (2009). Criminal law and criminological characteristics of evasion from payment of customs duties levied from an organization or an individual: abstract ... cand. jurid. sciences. Moscow, Russia.
Abdurakhmanov, Z. M. (2002). Criminal liability for non-payment of customs duties levied from an organization or an individual: abstract ... cand. jurid. sciences. Moscow, Russia.
Avdalyan, M. E. (2015). The basis of criminalization. Bulletin of the Udmurt University. The series "Economics and Law", 3, 139-144.
Andreeva, V. M. (2014). Criminal law counteraction to evasion of customs payments: dissertation ... cand. jurid. sciences. Moscow, Russia.
Bytko, Yu. I. (2017). Justice and criminal policy. Moscow, Russia.
Grachev, O. V. (2007). Criminal liability for evasion of customs payments: criminal law analysis, problems of qualification: dissertation ... cand. jurid. sciences. Moscow, Russia.
Dmitrienko, I. V. (2008). Criminal liabi
Reference:
Polikarpova O.S.. Improving the procedural status of a suspect by modernizing the grounds for its occurrence // Legal Studies. – 2024. – № 2. – P. 49-57. DOI: 10.25136/2409-7136.2024.2.69584.
DOI: 10.25136/2409-7136.2024.2.69584
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Abstract: The article analyzes the formation and development of the grounds for introducing a specific person into the status of a suspect. The arguments of the processualists regarding the grounds for its occurrence provided for by the current Code of Criminal Procedure of the Russian Federation, recognized by both the majority of scientists and the author as rather controversial, creating difficulties in law enforcement, are investigated. Attention is focused on the importance of modernizing the grounds for introducing a person into a procedural status that generates personalized criminal prosecution, due to the need to improve the institution of suspicion in modern criminal proceedings. The author uses a historical method to identify the moment of formation and track the development of the grounds for the emergence of the procedural status of a suspect in criminal proceedings of the Soviet and modern periods. It is stated that it is necessary to reduce the grounds for the appearance of the procedural figure of the suspect to a single one, unifying it for all forms of preliminary investigation, implementing the exemption of the decision to introduce a person into the status under investigation from correlation with coercive measures, due to the primacy of suspicion. A special contribution of the author is linking the importance of the priority of suspicion over coercive measures with the complication of the proof process due to the improvement of crime, as well as the number of crimes that oblige their investigation in a form that entails the impossibility of applying a notification of suspicion as a basis that meets the requirements of the priority of suspicion. The novelty of the study consists in a proposal entailing an increase in the procedural significance of the suspect and bringing the provisions of the criminal procedure law in line with modern trends.
Keywords: correlation, institution of suspicion, improvement of criminal proceedings, validity of suspicion, detention, preventive measures, grounds, procedural status, suspicion, criminal prosecution
References:
Davletov, A. A. (2015). The problem of the status of a criminally prosecuted person at the stage of initiation of a criminal case. Russian Law Journal, 4(103), 61-67.
Derishev, Yu. V., & Zemlyanitsin E. I. (2014). The procedural status of a person in respect of whom a preliminary check of a crime report is being carried out. Legal science and law enforcement practice, 3(29), 95-100.
Mazyuk, R. V. (2013). On the duration of the procedural status of a suspect in the case of the application of a preventive measure to him before the indictment. Russian investigator, 11, 17-20.
Melnikov, V. Yu. (2005). Detention of a suspect as a measure of coercion: from suspicion to suspect. Izvestia of higher educational institutions. Law studies, 2(259), 94-104.
Rossinsky, S. B. (2019). Detention of a suspect: a constitutional and intersectoral approach: a monograph. Moscow: Prospekt, 192.
Smolkova, I. V. (2020). The suspect and his procedural position in
Reference:
Danilovskaia A.V.. Acts restricting fair competition: issues of criminalization and differentiation of criminal liability // Legal Studies. – 2024. – № 1. – P. 33-60.
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Abstract: The subject of the study is certain areas of criminal law policy in the field of protection of fair competition, namely the current state of criminalization of acts restricting fair competition, the signs of which directly or indirectly correspond to violations of the Federal Law "On Protection of Competition", disadvantages of criminalization of such acts, as well as violations of the rules of legislative technique in their design, differentiation of criminal liability for committing such crimes, law enforcement in the field of criminal law counteraction to the restriction of fair competition. The purpose of the work is to identify the problems of criminalization of acts restricting fair competition in their relation to the Federal Law "On Protection of Competition", the shortcomings of differentiation of criminal liability for their commission in the light of official recognition of the need to counter anticompetitive violations as a threat to economic security, and ways to eliminate them. The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, legal forecasting, classification method. The novelty lies in the fact that the author: 1) a study of the provisions of the Criminal Code of the Russian Federation for the content of crimes in it, the signs of which are directly or indirectly related to violations of the prohibitions of the Federal Law "On Protection of Competition", an analysis of this ratio, as well as their reflection in law enforcement; 2) proposals on criminalization of collusion at auctions, depending on the subject of collusion; 3) given analysis of violations of legislative technique in the description of crimes, the signs of which may be associated with violation of the prohibitions of the Federal Law "On Protection of Competition"; 4) it is concluded that new qualifying or especially qualifying signs are included as means of differentiating criminal liability for encroachments on fair competition, the shortcomings of existing sanctions are studied and ways to eliminate them are proposed.
The conclusions are that in order to solve the tasks of countering anti-competitive acts as a threat to economic security, it is necessary to reconsider the approach to criminalizing acts that restrict competition, in particular, by clarifying the signs of their objective side, expanding the grounds for criminal liability for anti-competitive agreements, differentiating responsibility for their commission by clarifying qualifying and especially qualifying signs, improving the sanctions mechanism.
Keywords: differentiation of criminal liability, violations at auction, criminal liability, restriction of competition, anti-competitive crimes, legislative technique, cartel, criminalization, competition protection, anti-competition agreements
References:
Klenova, T.V. (2014). Crimes of office: problems of regulation and application of norms in conditions of competition. Bulletin of SamSU, 11/1(122), 111-117.
Sankov, V.I. (2019). Combating crimes in the field of state and municipal procurement: criminal law and forensic aspect. Criminal law: development strategy in the 21st century: materials of the XVI International. scientific-practical conf. (pp. 237-241). Moscow: RG-Press.
Vyalykh, S.V., & Denisova, A.V. (2015). Problems of distinguishing between anti-competitive concerted actions and agreements (cartels). Economy and Law, 5, 72-85.
Danilovskaya, A.V., & Tenishev, A.P. (2019). On criminal liability for collusion in auctions. Current problems of Russian law, 1(98), 119–131.
Denisova, A.V. (2016). Socially dangerous consequences of the crime provided for in Art. 178 of the Criminal Code of the Russian Federation “Restriction of competition”. Russian investigat
Reference:
Shutova Y.A.. Threat of murder or serious harm to health: problems of law enforcement and ways to overcome them // Legal Studies. – 2024. – № 1. – P. 73-83. DOI: 10.25136/2409-7136.2024.1.69709.
DOI: 10.25136/2409-7136.2024.1.69709
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Abstract: Within the framework of this article, the most common crime against a person is considered - the threat of murder or causing serious harm to health. In the course of studying law enforcement practice, a number of problems arise both in the framework of the implementation of the criminal law norm provided for in Article 119 of the Criminal Code of the Russian Federation, and in the individualization of criminal legal impact on a person who has made a threat to kill or cause serious harm to health. In this regard, the subject of this study will be: the criminal law norm contained in Article 119 of the Criminal Code of the Russian Federation; materials of judicial and investigative practice related to the implementation of the criminal law norm provided for in Article 119 of the Criminal Code of the Russian Federation; works on the theory of criminal law, which investigated controversial issues of criminal law and criminological characteristics of the threat of murder or causing serious harm to health; the ruling of the Constitutional Court of the Russian Federation, statistical data and data from its own sociological research. In this article, general scientific and private scientific methods of cognition were used: system-structural, reduction, deductive method, method of interpretation, formal legal method The novelty of the research lies in the formulation of the author's concepts of "mental health" and "social health" of a particular person who is harmed as a result of making a threat of murder or causing serious harm to health. In order to eliminate contradictions arising in the qualification of a threat of murder or serious harm to health committed using mass media, information and telecommunication networks, including the Internet, the author has developed a classification of the threat of murder or serious harm to health according to a quantitative criterion and the concept of "grounds to fear the threat". For a uniform understanding by citizens and the correct enforcement of the purpose of making a threat to kill or cause serious harm to health, the author's concept of "intimidation" is formulated. The author gives recommendations on more effective application of aggravating and mitigating circumstances for committing a threat of murder or causing serious harm to health.
Keywords: death threat, mental health, social health, The Internet, intimidation, harassment of minors, the presence of a minor, individualization of criminal law impact, aggravating circumstances, circumstances mitigating the punishment
References:
Levin, P. N. (2006). Уголовная ответственность за угрозу убийством или причинением тяжкого вреда здоровью [Criminal liability for threatening to kill or cause serious harm to health]: abstract. dis. ... cand. Jurid. sciences': 12.00.08]. Moscow.
Borzenkov, G. N. (2005). Квалификация преступлений против жизни и здоровья [Qualification of crimes against life and health] an educational and practical guide. Moscow: Zertsalo-M.
Zubkova, V. I. (2005). Ответственность за преступления против личности по законодательству России [Responsibility for crimes against the person under the legislation of Russia]. Moscow: Norm.
Ermakova, O. V. (2019) Особенности квалификации угрозы убийством или причинением тяжкого вреда здоровью [Features of the qualification of a threat to kill or cause serious harm to health] The penal enforcement system today: interaction of science and practice: materials of the XIX All-Russian scientific and practical conference, Novokuznetsk, October 30-31, 2019. Ed. by A. G. Chirikov. Novo
Reference:
Bagandova L.Z.. Prohibition of the glorification of the crimes condemned by the verdict of the International Military Tribunal of the European Axis Countries: problems of interpretation and law enforcement // Legal Studies. – 2023. – № 12. – P. 89-96. DOI: 10.25136/2409-7136.2023.12.68918.
DOI: 10.25136/2409-7136.2023.12.68918
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Abstract: The subject of this study is the criminal law prohibition of the approval of crimes condemned by the verdict of the International Military Tribunal of the European Axis countries. This act of glorifying of such crimes is an element of the objective side of the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation. The methodology of the research consists of such methods as formal-legal, logical, systematic, as well as the method of analysis. The author emphasizes the importance of considering the aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the present crime is often committed in the Internet environment. Special attention is paid to such a feature of the subjective side of the crime as its goal: the author argues about the need to consolidate the goal as a constructive feature of the subjective side of the considered corpus delicti. The novelty of this study lies in the fact that this norm is analyzed in relation to the constitutional principle of freedom of speech. The author comes to the conclusion that in this matter it is advisable to be guided by part 3 of Article 55 of the Constitution of the Russian Federation, according to which constitutional rights and freedoms can be restricted only to the extent necessary to protect the constitutional foundations and ensure the security of the state.
Keywords: analogy of the law, historical memory, immortal regiment, justification of Nazism, approval of Nazism, freedom of speech, unfinished crime, Nuremberg Tribunal, rehabilitation of Nazism, international military tribunal
References:
Bagandova, L.Z. (2021). Rehabilitation of Nazism: problems of theory and law enforcement. Legal acts and legal contracts: theoretical and practical problems: Collection of articles (p. 1073). Moscow: RSUJ.
Dyachenko, A.V. (2020). The validity of criminalization of the rehabilitation of Nazism in the light of restrictions on the right to freedom of speech. Questions of Russian Justice, 9 (p. 881).
Egorova, N.A. (2015). Rehabilitation of Nazism: criminal law analysis. Criminological Journal of the Baikal State University of Economics and Law, 9, 3 (p. 496).
Kibalnik, A.G., Ivanov A.Y. (2019). Rehabilitation of Nazism as a crime against the peace and security of mankind. Russia, Moscow (p. 59).
Sazonnikova, E.V. (2020). Memory of defenders of the Fatherland and protection of historical truth as constitutional values. Constitutional and Municipal law, 10 (p. 29-32).
Theory of State and law: a course of lectures. (1997). A.V. Malko,
Reference:
Efimovskii A.V.. The origins of hacktivism and criminal legal counteraction to its manifestations // Legal Studies. – 2023. – № 12. – P. 48-58. DOI: 10.25136/2409-7136.2023.12.69371.
DOI: 10.25136/2409-7136.2023.12.69371
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Abstract: The article comprehensively examines cybersecurity issues, as well as the origins and principles of hacktivism, and gives their definitions. The tools used by hacktivists in their destructive activities are examined and their classification is presented. The criminal legal characteristics of the types of crimes used by hacktivists when carrying out cyber attacks are determined. The importance and necessity of proper measures to overcome the phenomenon of hacktivism is presented. The existing criminal legal methods of countering manifestations of hacktivism, available in Russian criminal legislation, are analyzed.
Measures to counter IT threats of an organizational and technical nature are proposed. The topic under study requires further collection and processing of empirical material in order to identify new methods of committing cyber attacks on critical infrastructure and developing new approaches to combating this type of crime, ensuring uniform practice. Hacktivism is a new phenomenon in the IT environment. Hacktivism does not imply material benefit from the acts committed, which makes it difficult to classify and differentiate from related groups. Thus, a scientific interpretation and elaboration of a unified conceptual apparatus is required to ensure a uniform practice of identifying and countering this type of socially dangerous acts.
The article concludes that the methods practiced by hacktivists when carrying out cyber attacks are described and have their own qualifications in the criminal legislation of the Russian Federation. However, it must be taken into account that attacks are often carried out from the territory of other countries and the groups themselves are transnational. Therefore, to successfully counter these destructive phenomena, it is necessary to develop international cooperation in law enforcement and unify responsibility for such acts. Countering hacktivism requires a comprehensive approach that includes legal, technical and social components.
Keywords: international crime, Corpus delicti, methods of countering IT crimes, crime prevention, IT crimes, hacktivism, cybersecurity, cyberwar, countering cybercrime, criminal law
References:
Smirnov, A. I., Grigoriev, V. R., Kokhtyulina, I. N., Kuroyedov, B. V., & Sandarov, O. V. (2014). Global security in the digital era: stratagems for Russia. A. I. Smirnov, V. R. Grigoriev , I. N. Kokhtyulina B. V. Kuroyedov, O. V. Sandarov. – Moscow: State Scientific Center of the Russian Federation All-Russian Research Institute of Geological, Geophysical and Geochemical Systems.
Puchkov, O. A. (2019). Distinction between the concepts of “information security” and “cybersecurity” in the legislation of the Russian Federation, doctrine and legal practice. Law and State: Theory and Practice, 5(173), 66-69.
Kapto, A. S. (2013). Cyberwar: genesis and doctrinal outlines. Bulletin of the Russian Academy of Sciences, 83(7), 616.
Panarin, I. N. (2003). Information war and elections. I. N. Panarin; I. N. Panarin. Moscow: Gorodets.
Akopov, G. L. (2015). Hacktivism is a threat to information security in the information society. G. L. Akopov. St
Reference:
Polstovalov O.V., Galiautdinov R.R.. Organized forms of online fraud: types of fraud in the field of computer information and the use of high technologies // Legal Studies. – 2023. – № 11. – P. 120-127. DOI: 10.25136/2409-7136.2023.11.44223.
DOI: 10.25136/2409-7136.2023.11.44223
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Abstract: Law enforcement and judicial practice in Russia has faced a mass of previously non-existent types of fraud. New types of fraud appeared in the field of computer technology and the use of high technologies. Along with this, the development of economic sectors, the credit and financial system, commercial banks, the emergence of new information, banking technologies, technical means of communication have generated organized forms of online fraud. Primitive forms of fraud are being replaced by more sophisticated ones, new technologies are penetrating into our lives, so forms of fraud using chat gpt, that is, neural networks, have appeared. The above circumstances justify the relevance of the research topic. The subject of the study is various types of fraud in the field of computer information and the use of high technologies and the specifics of their commission. The novelty of the topic of the publication is due to the need for a thorough study of new organized forms of online fraud to prevent the commission of such crimes. For the first time, "modification" as a method of computer fraud, a neural network, as a way of committing fraud, was investigated. An attempt has been made to characterize an organized criminal group committing online fraud. Digital traces of organized forms of online fraud have been investigated. The purpose of this publication is to highlight the features of the commission of organized forms of online fraud. Their allocation will help to effectively solve such crimes. The article uses various methods: general dialectical, logical, analysis of regulatory regulation, formal legal, comparative legal. Conclusions: on the basis of theory and law enforcement practice, the key elements of organized forms of online fraud are identified, the key features of organized criminal groups that commit them are characterized, the role of neural networks in the commission of the crimes under consideration is established.
Keywords: digitalization, law enforcement practice, digital traces, organized group, modification, neural network, computer fraud, online fraud, computerization, novella
References:
Drapkin, L.Y. (Ed.). (2012). Criminalistics. Moscow: Yurayt.
Russkevich, E.A., Frolov, M.D. (2020). Fraud in the field of computer information: monograph. Moscow: SIC INFRA-M.
Shevchenko, E.S. (2015). Tactics of individual investigative actions in the investigation of cybercrimes, Law and Law (pp. 128-138). Moscow: Law.
Tropina, T. L. (2006). Computer fraud: issues of qualification and legislative technique. Moscow: SIC.
Babkin, A.V. (Ed.). (2020). Digitalization of economic systems: theory and practice: monograph. St. Petersburg: POLYTECH-PRESS.
Reference:
Shepeleva O.R., Preblagina K.I.. Legal and factual grounds for the formation of evidence at the pre-trial stage of criminal proceedings // Legal Studies. – 2023. – № 11. – P. 42-52. DOI: 10.25136/2409-7136.2023.11.68995.
DOI: 10.25136/2409-7136.2023.11.68995
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Abstract: The subject of the study is legal relations arising in connection with the criminal law and criminological aspects of determining the subject of evidence in criminal proceedings and its establishment. The methodological basis of the study is special methods of cognition (formal legal and comparative-legal), and general, which should include methods such as abstraction, analysis and synthesis, induction and deduction, and methods of theoretical research - dialectical, ascent from the abstract to the concrete and logical. The main conclusions of the study are that currently the investigator /inquirer at the pre-trial stages of criminal proceedings carry out activities to collect, verify and evaluate evidence included in the subject of evidence in a criminal case. This activity is carried out through the implementation of investigative and other procedural actions. Having considered the individual problems of collecting evidence by the investigator/inquirer, we come to the conclusion that, for the purposes of improving pre-trial evidence, it is necessary to clearly regulate the legal status of such an action as "obtaining explanations" in the process of considering a crime report (the form of obtaining explanations; procedural rules for obtaining explanations; legal regulation of the status of those persons from whom explanations are received, etc.) Thus, based on the results of the study, it is concluded that it is necessary to improve a number of norms of the Code of Criminal Procedure of the Russian Federation and specific changes are proposed.
Keywords: obtaining evidence, verification of evidence, evaluation of evidence, collecting evidence, procedural actions, establishment of the subject of proof, proofs, investigative actions, subject of proof, proving
References:
Petrovsky, Z.M. (2022). The subject of proof in criminal proceedings: concept and content. Bulletin of the Russian Law Academy, 1, 105-110.
Brizhatov, E.A. (2022). Subject and limits of proof in criminal cases: concept, content, problems of definition. Scientific statements, 15(23), 43-46.
Elesina, I.G., Belova, S.N., & Kislova, N.A. (2023). The subject of proof in various categories of criminal cases. State service and personnel, 2, 202-204.
Belkin, A.R. (2017). Theory of proof in criminal proceedings.
Pletnev, V.V. (2012). Essence, purpose and significance of proof. Russian justice, 1, 35-36.
Tokarenko, E.S. (2012). The main signs of investigative actions. Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia, 4(18), 51-54.
Rossinsky, S.B. (2021). Once again about the concept and essence of investigative actions in criminal proceedings: the discussion is not over. Laws of Russia: experience, analysis, p
Reference:
Ivashchenko V.V.. On the Expediency of Introducing Criminal Responsibility for Inciting Suicide or Assisting Suicide: a Critical Analysis and Suggestions for Improving the Law // Legal Studies. – 2023. – № 10. – P. 54-69. DOI: 10.25136/2409-7136.2023.10.39352.
DOI: 10.25136/2409-7136.2023.10.39352
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Abstract: In this article, the author examines the issues of historical, social and legal conditionality of introducing criminal liability for inciting suicide or assisting suicide in the Criminal Code of the Russian Federation, analyzes the objective signs of the main offenses, including from the point of view of using legal techniques. A comparative study of methods of inciting suicide (Article 110 of the Criminal Code of the Russian Federation) and inducing or facilitating suicide (110.1 of the Criminal Code of the Russian Federation) is being carried out. The problems of correct qualification and differentiation of the specified components of crimes are revealed, as a result of which the problems of law enforcement activities are critically assessed. When writing a scientific work, the author used dialectical, logical, statistical, hermeneutic, formal legal, historical and legal research methods. The degree of study of the problems raised in the article is represented by scientific research of such figures of law as Ustinova T.D., Artyushina O.A., Filippova S.V., Eliseeva N.M. and others. Based on the results of the study, the author comes to conclusions about the spontaneous nature of the adoption of legislative amendments to the criminal law, the insufficient elaboration of the provisions in terms of the rules of legal technique. It is concluded that the differentiation of competing elements of criminal acts occurs according to the signs of the objective side, namely, based on the method of committing illegal acts. The novelty of the study is expressed in the author's proposals for reforming and improving the criminal law regulation of the crimes in question. Based on the results of the analysis, the author of this study proposes to reform the existing version of Article 110.1 of the Criminal Code of the Russian Federation, providing for changes that will make it possible to more effectively apply these provisions of the law in practice.
Keywords: differentiation, legal technique, dangerous games, driving to suicide, suicide, qualification, assistance to suicide, self-murder, involvement, incitement to suicide
References:
Alekseev, S.S. (1982). General theory of law: Course of lectures: In 2 vols. Vol. 2. Moscow.
Artyushina, O.V. (2017). Novels of the Criminal Code of the Russian Federation on counteracting activities aimed at inciting minors to suicidal behavior. Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia, 3(29), 85-89. Retrieved from https://cyberleninka.ru/article/n/novelly-uk-rf-o-protivodeystvii-deyatelnosti-napravlennoy-na-pobuzhdenie-nesovershennoletnih-k-suitsidalnomu-povedeniyu
Baranov, V.M. (2000). Foreword. Problems of legal technique: Collection of articles. N. Novgorod.
In 2016, the number of child suicides increased by 60 percent. (2017, March 20). Official site of the Russian newspaper. Retrieved from https://rg.ru/2017/03/20/v-2016-godu-kolichestvo-detskih-suicidov-vyroslo-na-60-procentov.html
Military article of April 26, 1715. Retrieved from http://www.hist.msu.ru/ER/Etext/articul.htm
Glazkova, L.V., & Shambilova, A.M. (2016). Fo
Reference:
Shirshanova E.A.. Criminological portrait of the identity of the bribe-taker serving in the internal affairs bodies // Legal Studies. – 2023. – № 10. – P. 70-81. DOI: 10.25136/2409-7136.2023.10.44073.
DOI: 10.25136/2409-7136.2023.10.44073
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Abstract: The object of the study is employees of the internal affairs bodies who commit a crime under Article 290 of the Criminal Code of the Russian Federation "Receiving a bribe". The author considers the concept of "personality" not only from the point of view of criminology, but also sociology, psychology, which allows to characterize the personality of a criminal not only from a legal point of view. The author examines the characteristics of the criminal's personality, studied by criminologists, as well as the characteristics that the author identifies based on the analysis of existing judicial practice. Special attention in the course of the study is paid to the identification of those characteristics that are inherent in an employee of the internal affairs bodies, as a special subject of the crime under consideration. The main contribution of the research conducted by the author is the compilation of a criminological portrait of the personality of a criminal - an employee of the internal affairs bodies committing a crime under Article 290 of the Criminal Code of the Russian Federation "Receiving a bribe". The criminological portrait of the criminal's personality is based on empirical data obtained by studying criminal cases in the district courts of the city of St. Petersburg, as well as other regions (using the electronic system of normative and legal acts "Sudakt") in the number of 107 criminal cases in the period from 2017 to 2022. The author confirms the theoretical hypotheses put forward by the author concerning certain characteristics of the criminal personality of an employee of the internal affairs bodies with concrete examples from the investigated criminal cases.
Keywords: court, criminal case, bribe taker, criminological portrait, the identity of the criminal, special subject of the crime, internal affairs bodies, bribery, corruption, police
References:
Efimova, L.S. (2012). The concept of personality and the conditions of its formation. Scientific notes of the St. Petersburg University of Management and Economics Technologies, 3(38), 40-44.
Anan'ev, B. G. (2001). Man as an object of knowledge. St. Petersburg: Peter. (The series "Masters of Psychology").
Leont'ev, A. N. (2005). Activity. Conscience. Personality. Moscow: Sense, Academy.
Kovalev, A. G. (1965). Psychology of personality. Second edition, revised and expanded. Moscow: Publishing House "Enlightenment".
Eminov, V.E., & Antonyan, YU.M. (2015). The identity of the criminal and its formation. Actual problems of Russian law, 1(50), 107-112.
Karpec, I.I., & Eminov, V.E. (Ed.). (1992) Criminology: Textbook. Moscow.
Antonyan, YU. M., & Eminov, V.E. (2010). The identity of the criminal. Criminological and psychological research. Moscow: Norma: Infra-M.
Kuznecova, N.F., & Luneev, V.V. (200
Reference:
Galiautdinov R.R.. Formation of the psychology of a person committing official violent crimes (on the example of an employee of the internal affairs bodies): worldview and behavior // Legal Studies. – 2023. – № 10. – P. 82-90. DOI: 10.25136/2409-7136.2023.10.44088.
DOI: 10.25136/2409-7136.2023.10.44088
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Abstract: Psychological features of the criminal's personality are important for the subjective side of the crime, and functional features determine the mechanism of the crime. Information about the official himself, as a criminal's personality, about his psychological traits and properties, including worldview and behavior, play a role in determining the subjective side of the crime from the target and motivational sphere, and the functional characteristic, in turn, determines the mechanism of committing an official violent crime, ways of concealing it, features of the mechanism of trace formation and others distinctive features of such crimes. This functional factor of official authority necessarily affects the structural and content specifics of the categorical system of personality and its dynamics. The novelty of the topic of the publication is due to the need to study the formation of the personality of a criminal official. The need to answer the question: "How was the personality of a person who commits official violent crimes formed?" led to the conduct of this study. The purpose of this publication is to determine the formation of the worldview and behavior of an official who commits violent crimes. On the basis of theory and law enforcement practice, the key directions of the worldview and behavior of the person are identified, the process of worldview is described and auxiliary questions are given in the article, the connection between professional deformation and worldview is established by the author and the key directions of behavior of an official are highlighted.
Keywords: victimhood, struggle of motives, evidence of behavior, legal psychology, professional deformation of personality, behavior, worldview, law enforcement practice, official violent crimes, the accused
References:
Sechenov, I.M. (2000). Selected philosophical and psychological works. Monograph. Moscow: Unity-Dana.
Blonsky, P.P. (2000). General characteristics of the behavior of living beings. In the book: Selected psychological works. Moscow: Enlightenment.
Galyautdinov, R.R. (2022). Criminalistic aspects of preliminary investigation and judicial review of criminal cases of official violent crimes committed by law enforcement officers: abstract. dis. ... k-ta yurid. sciences. Rostov-on-Don.
Zuikov, G.N. (1997). Criminalistic teaching about the method of committing a crime. Textbook. Moscow: Legality.
Neznamov, A.I. (2014). Evidence of behavior in criminology. Samara: Samara University Publishing House.
Galyautdinov R.R. (2021). About some special elements of criminalistic characteristics of official violent crimes. In International Scientific and Practical Forum - round table dedicated to the memory of Koldin V.Ya.: materials of the All-Russi
Reference:
Ligai L.Y.. Certain problems of qualifying evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation) // Legal Studies. – 2023. – № 10. – P. 91-99. DOI: 10.25136/2409-7136.2023.10.68732.
DOI: 10.25136/2409-7136.2023.10.68732
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Abstract: The subject of the study is the criminal law norm establishing criminal liability for evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation), the practice of applying this norm, issues of improving the text of Part 2 of Art. 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify problems that arise in the process of qualification and differentiation from related crimes (Article 313 of the Criminal Code of the Russian Federation). The penal legislation is analyzed regarding the provision of travel for convicts outside the correctional institution. The research methodology is based on general scientific (logical, systemic, analysis, interpretation, generalization) and special scientific (specific sociological, formal legal) methods. The relevance of this study is due to the presence of emerging contradictory judicial practice in cases of evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation). The necessity is substantiated for the mandatory establishment of the legality of the grounds for the convict’s departure from the correctional institution in order to carry out a fair classification of the criminal act. In support of the theses presented, statistical data on persons prosecuted under the criminal law norm in question is provided. Proposals have been formulated to improve the text of Part 2 of Art. 314 of the Criminal Code of the Russian Federation regarding the failure to appear at the relevant body of the penal system of a person sentenced to imprisonment, who has been granted a deferment of execution of a sentence or serving a sentence, upon expiration of the deferment period.
Keywords: humanization of punishment, postponement, qualification of the act, the escape, correctional institution, evasion, departures of convicts, deprivation of liberty, punishment, criminal liability
References:
Samiulina, Ya. V. (2021). Incentive measures as a means of educational influence on convicts held in penitentiary institutions. Bulletin of the Samara Legal Institute, 5(46), 67-70.
Kovalev, N. S. (2021). Implementation of the principle of equality of convicts before the law in the norms regulating the institution of departure of convicts outside the penal colony: some problems and ways to solve them. Current problems of state and law, 5, 17, 90-98.
Babayan, S. L. (2022). Ways to improve the application of incentive norms and institutions in relation to those sentenced to forced labor. In: V.N. Nekrasova (Ed.), Discussion issues of penitentiary science and practice: collection of scientific works of the faculty of the VIPE FSIN of Russia. (pp. 8-12). Vologda: Vologda Institute of Law and Economics of the Federal Penitentiary Service.
Gamanenko, L. I. (2021). Social and legal characteristics of the institution of departure of convicts outside the correctional institu
Reference:
Ivashchenko V.V.. Comparative Analysis of Crimes Provided for in Articles 110.1 and 151.2 of the Criminal Code of the Russian Federation // Legal Studies. – 2023. – № 9. – P. 94-107. DOI: 10.25136/2409-7136.2023.9.39338.
DOI: 10.25136/2409-7136.2023.9.39338
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Abstract: In the article the author analyzes the causes of the occurrence on the pages of the Criminal Code of the Russian Federation of the elements of crimes regulating criminal liability for inciting a minor to suicide and facilitating its commission, as well as the involvement of adolescents in actions dangerous to their life and health. The author conducts a comprehensive comparative analysis of the elements of crimes provided for in paragraph "a" of Part 3 of Article 110.1 and Part 1 of Article 151.2 of the Criminal Code of the Russian Federation, describes their main, common and distinctive features, raises qualification problems. When writing the scientific work, the author used dialectical, logical, statistical, comparative, formal and legal research methods. The degree of study of the problems raised in the article is represented by the scientific research of such legal figures as Kharlamov V.S., Levandovskaya M.G., Shchetinina N.V., Kiryukhin V.V., etc. The main conclusions of the study are the mutually exclusive nature of criminal acts, their differentiation by optional objective signs of corpus delicti.
The novelty of the scientific work lies in the conclusions of the author made based on the results of the study, as well as in the proposal to reform the provisions of the current legislation by the inclusion of a special subject of given crimes.
Keywords: illegal content, information, suicide, minors, qualification, dangerous actions, self-murder, involvement of a minor, inducement of a minor, information protection
References:
In Kuznetsk, a woman was convicted for inciting an underage friend to commit illegal acts. Official website of the Investigation Department of the Investigative Committee of the Russian Federation for the Penza Region. Retrieved from https://penza.sledcom.ru/news/item/1253038/
In 2016 the number of child suicides increased by 60 percent. Official site of the Russian newspaper. March 20, 2017 Retrieved from https://rg.ru/2017/03/20/v-2016-godu-kolichestvo-detskih-suicidov-vyroslo-na-60-procentov.html
Kochin A.A., & Kharlamov V.S. Features of the qualification of involving a child in the commission of actions that pose a danger to his life (art. 151.2 of the Criminal Code). Russian investigator, 2021. № 5. The legal reference system «ConsultantPlus».
Levandovskaya M.G. Criminal liability for involving a minor in the commission of dangerous actions. Problems of economics and legal practice. 2018. №4. S. 169 / Demographic Yearbook of Russia. Official publication. Retrieved from http://
Reference:
Danilovskaia A.. Criminal law policy in the field of fair competition protection and competition policy: correlation and problems of interdependence // Legal Studies. – 2023. – № 9. – P. 1-17. DOI: 10.25136/2409-7136.2023.9.43993.
DOI: 10.25136/2409-7136.2023.9.43993
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Abstract: The subject of the study is the criminal law policy in the field of fair competition protection and competition policy, certain aspects of their correlation and problems of implementation, including the state of legislation and law enforcement. The purpose of the work is to identify the problems of interdependence of regulatory, protective, including repressive directions of state policy in the field of competition protection and to identify ways to solve them.
The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, historical and legal methods, statistical methods, questionnaires, legal forecasting.
The work resulted in conclusions on the interdependence of competition and criminal law policy in the field of competition protection, proposals for improving the diversified mechanism for countering encroachments on fair competition.
Scope of application of the results: legislative, scientific, educational activities.
The novelty of the study is: 1) in the features of the conducted analysis of the statistics of anticompetitive violations, which is based on the author's study of sentences imposed in relation to crimes whose compositions have signs of violations of antimonopoly legislation; 2) in establishing the preventive and suppressive significance of the Federal Law "On Protection of Competition" in relation to anticompetitive crime, as an element of competition policy relevant to criminal law 3) in proposals to strengthen the preventive significance of a special law, improve the norms of criminal legislation, as well as the mechanism of interaction between antimonopoly and law enforcement agencies.
The conclusions are that the criminal law policy in the field of competition protection depends on the directions of competition policy. The solution of the problems of interdependence should be aimed at strengthening the preventive meaning of a special law, clarifying the terms used to determine the grounds of criminal liability, criteria for differentiation of responsibility, as well as at eliminating gaps in the necessary criminal law repression, normative consolidation of the interaction of antimonopoly and law enforcement agencies.
Keywords: preventive value of the law, leniency program, criminal liability, law enforcement agencies, antimonopoly authorities, unfair competition, cartel, competition policy, competition protection, anti-competition agreements
References:
Danilovskaia, A. V. (2021). Economic justification of criminal law policy in the field of competition protection. Lex russica (Russian law), 74(2), 92-107. doi:10.17803/1729-5920.2021.171.2.093-107
Galperin, V. M., Ignatiev, S. M., & Morgunov, V. I. (2010). Microeconomics: a textbook for students of higher educational institutions studying in economic specialties and directions: in 3 volumes (V. 2). St. Petersburg: Economic School.
Avdasheva, S. B., Shastitko, A. E., & Kalmychkova, E. N. (2007). Economic foundations of antimonopoly policy: Russian practice in the context of world experience. Economic analysis of the Higher School of Economics, 1, 89-122.
Tenishev, A. P., & Teslenko, A. V. (2019). Criminal law protection of competition in the context of the development of digital technologies. Law, 6, 124-131.
Danilovskaia, A. V. (2020). Use of a “digital robot” at auction: issues of criminal liability. In: N. G. Prisekina. (Ed.), The role
Reference:
Zainullin R.I.. Tactical interrogation techniques in modern crime investigation practice // Legal Studies. – 2023. – № 7. – P. 99-108. DOI: 10.25136/2409-7136.2023.7.43459.
DOI: 10.25136/2409-7136.2023.7.43459
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Abstract: The subject of the research in this scientific article is to determine the degree of effectiveness of the most common interrogation tactics in the practice of crime investigation. Analysis of the forensic literature has shown a huge variety of tactical interrogation techniques proposed by the science of criminology, most of which raise justified doubts about their scientific validity and practical expediency of their application. At the same time, there is an urgent problem of the use of specific tactics by investigative workers who have short experience in investigative work. In carrying out this research, the author used the method of description and analysis, the method of interviewing, activity and system-structural approaches, methods of statistical generalization. The scientific novelty and practical significance of the conducted research, the results of which are reflected in this article, lies in the fact that the author has identified a list of the most common interrogation tactics in the forensic literature that have sufficient scientific justification, and also assessed the degree of their applicability in the practical activities of the district level of investigative units. As a result of the conducted research, the need to revise the traditional provisions of forensic tactics in the field of interrogation and the formation of new approaches to determining the content of forensic support for preliminary investigation is determined, and the author draws attention to the need for a more critical reassessment of those forensic recommendations that are put forward by modern criminologists in terms of their viability and effectiveness.
Keywords: forensic tactics, interrogator, the victim, the interrogated, deliberately false testimony, interrogation, tactical reception, the accused, suspect, witness
References:
Bertovsky, L.V. (2015). Interrogation. Practice and technologies. Moscow. Exam.
Chaldini, R. (2022). Psychology of influence. Moscow: Eksmo.
Averyanova, T.V. (2004). Criminalistics. Moscow. Norma.
Yablokov, N.P. (2000). Criminalistic. Moscow: Norma-infra-m, 2000.
Drapkin, L.Y., Karagodin V.N. (2011). Forensic science: textbook. Moscow. Prospect.
Philippova, A.G. (2000). Forensic Science. Moscow. Jurisprudence.
Memon, A., Meissner, C. A. & Fraser, J. (2010). The cognitive interview: A meta-analytic review and study space analysis of the past 25 years. Psychology, Public Policy, and Law, 16, 4.
Raymond, F. Toliver (1997). The Interrogator: The Story of Hanns-Joachim Scharff, Master Interrogator of the Luftwaffe (Schiffer Military History). Schiffer Military.
Granhag, P., & Strömwall, L. (Eds.). (2004). The Detection of Deception in Forensic Contexts. Cambridge: Cambridge University Press. doi:10.1017/CB
Reference:
Danilov P.S., Senokosova E.K.. A new period of evolution of the system of crimes against military service // Legal Studies. – 2023. – № 7. – P. 54-70. DOI: 10.25136/2409-7136.2023.7.43482.
DOI: 10.25136/2409-7136.2023.7.43482
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Abstract: The object of the study is the system of crimes against military service, as determined both in the current criminal law and in domestic criminal laws that have lost their force, as well as the system-forming criterion for its construction in the form of time and the situation of the objective side of crimes against military service. The purpose of the study is to establish that the specified criterion for constructing a system of crimes against military service in certain periods of the development of the national state and law had a direct impact on the structure of the system under study. The relevance of the study is connected with the need to solve the problems of protecting relations that develop in connection with the passage (carrying out) military service. The research is based on a systematic approach, as well as proven general scientific and private scientific methods. The novelty of the study lies in the fact that the norms of the criminal law on crimes against military service are studied from the point of view of a systematic approach. The authors continue to consider these norms precisely as a system, that is, a certain model, which is based on the criteria for its construction (system-forming criteria). The study of domestic sources of criminal law and an extensive list of scientific literature made it possible to establish that the criterion of constructing the objective side of the system of crimes against military service in the form of time and situation influenced its structure, but at present it is excluded, which allows us to state the beginning of a new period of its evolution, opening the "doors" for novelties of criminal legislation as in parts of the norms on crimes against military service, as well as other provisions of the criminal law. The study may be of interest both for scientists studying the problems of criminal liability for crimes against military service, and for representatives of the legislative branch of government in the Russian Federation.
Keywords: armed conflict, mobilisation, martial law, wartime, situation, time, criteria for building a system, military service, crimes, system
References:
Stepin, V.S., Huseynov, A.A., Semigin, G.Yu., Ogurtsov, A.P. (Eds.). (2010). The New Philosophical Encyclopedia. In 4 vols. V. 3. Moscow: Mysl.
Kleimenov, M.P., Erokhin, D.V. (2018). Methodology of law enforcement policy. Law enforcement, 4, 5-15. doi: 10.24147/2542-1514.2018.2(4).5-15.
Kleimenov, M.P. (2022). Methodology of criminal law forecasting. Law enforcement, 4, 277-288. doi: 10.52468/2542-1514.2022.6(4).277-288.
Nepomnyashchaya, T.V. (2012). The concept and principles of building a system of criminal penalties. Bulletin of the Siberian Institute of Business and Information Technologies, 1, 48-50.
Stepashin, V.M. (2016). On the correlation of the concepts «system of punishments» and «list of punishments». In Legal problems of strengthening Russian statehood, Ch. 70 (pp. 13-14). Tomsk: Tomsk University Press.
Clear, J. (1990). Systemology. Automation of solving system problems. Trans. from English. Moscow.
Genisar
Reference:
Bakharev D.V.. The tradition and prospects of studying the mechanism of criminal behavior from the standpoint of modern biosocial interpretation of the phenomenology of human aggression // Legal Studies. – 2023. – № 7. – P. 109-116. DOI: 10.25136/2409-7136.2023.7.43578.
DOI: 10.25136/2409-7136.2023.7.43578
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Abstract: In recent decades, there has been an increasing interest in the biopsychophysiological side of the criminal's nature in foreign criminology. The representatives of the biosocial trend are focused on advanced developments in the field of studying the biological side of aggressive human behavior. Serious progress has been made in this direction over the past thirty years, primarily due to the discoveries of cognitive neuroscientists, endocrinologists and molecular geneticists. In addition, specialists in the field of human physiology and nutrition have also made some progress in understanding the patterns of interaction of biological and social elements in the formation of the mechanism of aggression. Discoveries in the field of epigenetics can also give a significant impetus to the development of social sciences, which have fundamentally changed researchers' ideas about the role and relationship of the genetic base and the external environment in the mechanism of heredity. All relevant information on this subject is analyzed and summarized in a timely manner by foreign biosocial specialists, expanding, among other things, the criminological discourse in terms of studying the patterns of formation of the mechanism of criminal behavior, as well as individual crime prevention (primarily violent). This article is an attempt to review advanced research in the field of today's biology of human behavior, as well as those measures that are already being implemented (taking into account current scientific information about the socio-biological side of the criminal's nature) abroad in order to minimize the scale of criminal aggression.
Keywords: endocrinology, neurochemistry, neurobiology, twins, age, personalized therapy, criminal personality, aggressive behavior, nutrition, epigenetics
References:
Antonyan, Yu.M. (2021). Causes of crime. Nauchnyy portal MVD Rossii=Scientific Portal of the Ministry of Internal Affairs of Russia, 1(53), 58–64.
Tremblay, R.E. et al. (2018). Developmental origins of chronic physical aggression: a bio-psycho-social model for the next generation of preventive interventions. Annual Review of Psychology, vol. 69, 1, 383–407.
Markel, A.L. (2016). Biosocial foundations of aggressiveness and aggressive behavior. Zhurnal vysshey nervnoy deyatel'nosti imeni I.P. Pavlova=Journal of Higher Nervous Activity named after I.P. Pavlov, vol. 66, 6, 669–681.
Moffitt, T.E. (1993). Adolescence-limited and life-course-persistent antisocial behavior: a developmental taxonomy. Psychological Review, vol. 100, 4, 674–701.
Kudryavtseva, N.N., Markel, A.L., & Orlov, Yu.L. (2014) Aggressive behavior: genetic and physiological mechanisms. Vavilovskiy zhurnal genetiki i selektsii=
Reference:
Polyakova A.V.. 3D-technologies in forensic examination // Legal Studies. – 2023. – № 7. – P. 117-125. DOI: 10.25136/2409-7136.2023.7.43654.
DOI: 10.25136/2409-7136.2023.7.43654
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Abstract: One of the promising directions of digitalisation of forensic examination is the introduction of 3D technologies for the creation and study of digital three-dimensional models of forensic objects. The purpose of this study is to systematise data on existing technologies for obtaining three-dimensional models of forensic objects, as well as to determine the main areas of their application in forensic examination. The author analysed foreign and domestic experience of 3D-technologies application in this field. The objects of this study are methods of building three-dimensional models, as well as their technical and software, which can be used to solve the problems of forensic examination. The analysis of the main methods of obtaining 3D-models allowed the author to identify the main directions of implementation of 3D-technologies in forensic science. First of all, it is the fixation and preservation of information about traces, objects and things of an accident scene, which can later become the objects of forensic examinations. With the help of three-dimensional modelling methods it is possible to solve identification and diagnostic expert tasks, integrate the results of expert studies and other investigative actions into a single reconstruction. Based on these directions, scientific research in the field of application of three-dimensional technologies can be continued, in addition, the accumulation of empirical material that can be used in the practice of production of various types of forensic examination will continue.
Keywords: crime scene environment, visualisation, modelling, 3D reconstruction, CAD, photogrammetry, 3D model, 3D printing, 3D scanning, 3D technologies
References:
Kokin, A.V. (2021). Forensic Expertise in the Era of the Fourth Industrial Revolution (Industry 4.0). Theory and Practice of Forensic Expertise, 16, 29-36.
Buck U., Naether S., Räss B., Jackowski C., & Thali M.J. (2013). Accident or homicide-virtual crime scene reconstruction using 3D methods. Forensic science international, 225, 1/3, 75–84.
Bolliger, M. J., Buck, U., Thali, M. J., & Bolliger, S. A. (2012). Reconstruction and 3D visualisation based on objective real 3D based documentation. Forensic science, medicine, and pathology, 8(3), 208–217.
Bornik, A., Urschler, M., Schmalstieg, D., Bischof, H., Krauskopf, A., Schwark, T., Scheurer, E., & Yen, K. (2018). Integrated computer-aided forensic case analysis, presentation, and documentation based on multimodal 3D data. Forensic science international, 287, 12–24.
Aksenov A.Yu. (2015). Модели и методы обработки и представления сложных пространственных объектов [M
Reference:
Bardeev K.A.. Foreign experience of the constitutional and criminal law prohibition of torture // Legal Studies. – 2023. – № 6. – P. 20-27. DOI: 10.25136/2409-7136.2023.6.40935.
DOI: 10.25136/2409-7136.2023.6.40935
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Abstract: The subject of research in this article is the long-term experience of a number of countries of the modern world summarized by the author in the field of legislative regulation of criminal liability for torture in many of its manifestations. In addition, the relevant international legal provisions, which are the legal basis for combating torture in national legislation, acted as such. In particular, we are talking about the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since the prohibition of torture is absolute, comprehensive and constitutional, which is reflected in a number of state constitutions, the subject of the study was the norms of the basic laws of a number of countries. The scientific novelty of the work lies in the fact that in the article, based on the analysis of the palette of legal definitions of torture existing in foreign law – from brief, reflecting only its main properties, to detailed, descriptive ones, the author's vision of the grounds for distinguishing between these definitions is determined, heterogeneous approaches to understanding how the object of torture, as well as its subject, to determine the place of this crime in the structure of the Special Part of Criminal Laws.
Keywords: inhumanity, cruelty, signs of torture, composition of torture, concept of torture, foreign criminal law, criminal law, torture, criminal legislation, responsibility
References:
Herzenson, A.A. (1970). Criminal law and sociology: problems of the sociology of criminal law and criminal policy. M. 292 p.
Sharapov, R.D. (2006). Concept, qualification and criminal law prevention of criminal violence: Monograph. Tyumen. 186 p.
Bezlepkin, B.T. (2012). Commentary on the Criminal Procedure Code of the Russian Federation (article by article). M. 640 p.
Dvoryanskov, K.V., Druzin, A.I., Chuchaev, A.I. (2002). Criminal legal protection of the administration of justice (historical and legal research). M. 150 p.
Kapinus, O.S., Dodonov, V.N. (2008). Responsibility for torture in modern criminal law//Laws of Russia: experience, analysis, practice. № 9. pp. С. 62-71.
Constitution of the Republic of Azerbaijan 1995 URL: https://www.legalacts.az/ru/document/271/100421#i3 (date of circulation – 04.04.2023).
Constitution of the Republic of Armenia 1995 URL: https://www.president.am/ru/constitution-2015/ (date of appeal – 04.04.2023).
Constitution of the Republic of
Reference:
Novozhilov S.S.. Features of persons with leadership status in the criminal environment // Legal Studies. – 2023. – № 5. – P. 24-39. DOI: 10.25136/2409-7136.2023.5.40470.
DOI: 10.25136/2409-7136.2023.5.40470
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Abstract: The article highlights the main problems associated with the definition of persons with leadership status in the criminal environment, the categories of persons are considered: "thief in law", "poser", "looker" and their place in the criminal hierarchy. The position of persons who are the leaders of organized criminal communities (OPS), who do not have the specified criminal statuses, but occupy the highest position in the criminal hierarchy of the OPS created by them, is disclosed. The article also considers the position in the criminal hierarchy of "thieves in law", deprived by the decision of the thieves' meeting of status leadership (uncrowned), "thieves in law" retired (proshlyakov). The author raises the question of the ability of persons of this category to occupy the highest position in the criminal hierarchy (to be subjects of crimes provided for in Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation).
  In the course of the analysis, the author comes to the conclusion that the criminal hierarchy on the outside is not identical to the prison criminal hierarchy (penitentiary), and a person who occupies a sufficiently high criminal status in the prison hierarchy, after being released and joining a criminal community (criminal organization), may not occupy a leading position there. The author also gives arguments that such persons as "poser" and "looker" occupy the highest position in the criminal hierarchy only if they are the leaders of OPS and EOPS, having a multi-level hierarchy in their structure with the presence of a higher position in it, in all other cases, according to the author, persons of this category do not occupy the highest, and the "high" position and subjects of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation are not.
Keywords: Leaders of criminal communities, Improvement of criminal legislation, Leaders of the criminal world, thief in law, Criminal law, Problems of criminal law, Higher position, Stratification, organized crime, Criminal hierarchy
References:
Agapov P.V., Salnikov N.V., Kondratyuk S.V. Actual issues of the implementation of criminal responsibility for occupying the highest position in the criminal hierarchy// Law and order, history, theory, practice. 2021 No. 3. pp. 49-55.
Belotserkovsky S. The new Federal law on strengthening the fight against criminal communities: commentary and problems of application// Criminal law. 2010 No. 2 p . 13.
Burlakov V.N., Shchepelkov V.F. Leader of the criminal community and the basis of responsibility: postmodern in criminal law// All-Russian Criminological Journal. 2019. Vol. 13. No. 3, pp. 465-476.
Grishko A.Ya. A particularly qualifying sign of the creation of a criminal community (criminal organization)// Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2017. No. 2. pp. 84-85.
Ishigeev V.S., Romanova N.L., Noodles V.L. Criminal subculture and its role in determining the highest position in the criminal hierarchy (qualification issues of Article 2101 of the
Reference:
Sushkin N.V.. On the question of the criminal legal concept of an explosive device // Legal Studies. – 2023. – № 4. – P. 35-44. DOI: 10.25136/2409-7136.2023.4.38445.
DOI: 10.25136/2409-7136.2023.4.38445
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Abstract: The subject of the study is problematic issues related to the concept of the subject of the crime under Article 222.1 of the Criminal Code of the Russian Federation, namely, an explosive device, and with the assessment of the degree of public danger of objects that have the design features of explosive devices, but are not legally such. To resolve the issue of the relevance of the subject to the subject of Article 222.1 of the Criminal Code of the Russian Federation, as a rule, an explosive examination is appointed, however, expert terminology is based on special knowledge in the field of forensic explosives and differs somewhat from legal. The purpose of the work is a detailed study of these inconsistencies in the concepts of an explosive device, an assessment of the degree of public danger of a number of objects that are not explosive devices, but contain an explosive charge and have other design features of explosive devices.
In the course of the study, methods of observation, comparison, analysis of expert practice, current legislation and scientific literature were applied.   The novelty of the research lies in the study of the concept of an explosive device both from a legislative point of view and from the point of view of forensic explosives. According to the results of the study, the necessity of changing the legislative approach to the concept of an explosive device, and revaluation of the degree of public danger of imitation and pyrotechnic devices is argued. Recommendations have been developed to bring the measures of the criminal law fight against illegal trafficking of explosives and explosive devices in line with modern requirements.
The results of the work can be used both in the judicial interpretation of the subject of the crime provided for in Article 222.1 of the Criminal Code of the Russian Federation, and directly by the law enforcement officer when evaluating the conclusions of the explosive expertise.
Keywords: Explosive charge, Simulation tools, Public danger, The concept of an explosive device, Explosive expertise, Illegal traffic, Explosive device, Explosive substance, The subject of the crime, Qualification of the crime
References:
Jurbin, R.V. (2020). Opening speech. ln Jurbin, R.V., Evlanova, O.A. (Eds.) Combating illicit arms trafficking in Russia: a collection of materials from the round table (Moskow, September 25 2019) (pp 3-4). Moskow, Russia: University of the Prosecutor's Office Of the Russian Federation.
Gorbunov, A.N. (2013). Topical issues of legal regulation to counter crimes committed in the area of illicit trafficking in weapons, explosives and explosive devices. Societe and Law , 1 (43), 143-145.
Mishin, A.V (2017) Forensic examination in pre-trial proceedings: textbook. ln Epihin A.U (Ed.). Kazan, Russia: Kazan Federal University.
Fedorov, A.U., Gorovoi V.V. (2008). Forensic explosives as a system of special knowledge in conducting explosives expertise. Legal technique and law enforcement practice, 2 (5), 87-89.
Grushin, L.V. (2006). Features of the use of special knowledge in the investigation of criminal cases related to the illegal circulation of ammunition, explosives, explosive devices. Vestnik
Reference:
Vinner E.R.. The Concept and Types of Crimes that form Illegal Transactions with Securities // Legal Studies. – 2023. – № 3. – P. 40-50. DOI: 10.25136/2409-7136.2023.3.40379.
DOI: 10.25136/2409-7136.2023.3.40379
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Abstract: The author examines in detail such aspects of the topic as crimes that constitute illegal transactions with securities (Articles 185, 1851,185.3, 185.6 of the Criminal Code of the Russian Federation). The article substantiates the position according to which market manipulation and the misuse of insider information are only partially included in the system of crimes under consideration, since they relate to polyobject elements of crime, where various social relations (independent, non-subordinate) are combined into one norm of the law on criminal liability. A comparative analysis of the securities market and the investment market is carried out. The types of illegal financial transactions that exist on the securities market and are prohibited by criminal law are considered. The concept of crimes representing illegal transactions with securities is formulated. It is noted that the peculiarity of the crimes under consideration is, firstly, their blank nature, and secondly, the subject is information about securities. The novelty of the study is based on the analysis carried out. The following conclusions are formulated: 1) illegal financial transactions existing on the securities market and prohibited by criminal law include: firstly, transactions committed during the passage of the issue, leading to its invalidity or recognition as invalid (Article 185 of the Criminal Code of the Russian Federation); secondly, transactions that undermine the transparency of the market securities, which consist in violation of the rules of disclosure of information by evading or providing deliberately incomplete or even false information (Article 1851 of the Criminal Code of the Russian Federation); thirdly, operations related to price manipulation of Article 185.3 of the Criminal Code of the Russian Federation); fourth, operations based on insider information (Article 185.6 of the Criminal Code of the Russian Federation) 2) crimes that constitute illegal transactions with securities are understood to be acts that infringe on the procedure for conducting transactions with securities regulated by the state.
Keywords: depositaries, exchange trading, foreign economic activity, investment market, customs regulation, economic activity, market maniputaion, stock, registrars, information
References:
Ryabova A. Yu., Savyuk L. K. Criminal law regulation of the securities market: monograph. M.: Yurlitinform, 2014. S. 42-47.
Sidorenko E.L., Khalizeva E.A. The system of crimes related to the illegal circulation of securities in Russia (part 2) // Legal Research. 2021. No. 9. S. 13-21.
Tabakova N.A. The system of crimes in the sphere of issuance and circulation of securities // Society and Law. 2017. No. 3 (61). pp. 76-80.
Talan M.V. Responsibility for crimes in the securities market under the criminal law of Russia // Uchenye zapiski Kazanskogo universiteta. Series Humanities; volume 152, book. 4. 2010. URL: https://cyberleninka.ru/article/n/otvetstvennost-za-prestupleniya-na-rynke-tsennyh-bumag-po-ugolovnomu-pravu-rossii/viewer (accessed 11.01.2023).
Rusanov G.A. Economic crimes / G.A. Rusanov. M., 2017. S. 165.
Talan M.V. Responsibility for crimes in the securities market under the criminal law of Russia. URL: https://cyberleninka.ru/article/n/otvetstvennost-za-prestupleniya-na-rynke-tse
Reference:
Zaitseva O.V., Dekhtyar' I.N.. The Mechanism of Subordinate Individual Legal Regulation of Crime Prevention Activities // Legal Studies. – 2023. – № 1. – P. 54-64. DOI: 10.25136/2409-7136.2023.1.39216.
DOI: 10.25136/2409-7136.2023.1.39216
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Abstract: The study is devoted to the scientific analysis of the elements of the mechanism of subordinate individual legal regulation of activities to ensure the criminological security, in order to determine the conceptual foundations of the scientific understanding of this mechanism. The work was carried out on the basis of an interregional empirical study, which includes: a case study of acts of exercising rights and obligations in the field of crime prevention, interviewing law enforcement officers, as well as a content analysis of court decisions on administrative claims on appealing actions (inaction) and decisions of crime prevention subjects.
The relevance of the topic is evidenced by the presence of problems of law enforcement due to shortcomings of regulatory legal acts regulating the activities for the prevention of offenses. The paper contains proposals for improving legislation in the aspect of individual preventive legal regulation.
For the first time in criminology, a systematic analysis of the structural elements of the mechanism of subordinate individual legal regulation of crime prevention activities was carried out. The authors came to the conclusion that these should include: the object and subject of individual legal regulation; legal fact; method of individual legal regulation; technologies of regulatory law enforcement; individual legal means. New data have been obtained on criminological law enforcement technologies, in particular, on the use of mediation technology in preventive activities. The paper contains proposals for improving legislation in the aspect of individual preventive legal regulation.
Keywords: law enforcement technologies, legal fact, mechanism, legal means, law enforcement act, legal regulation, law enforcement, crime prevention, law analogy, socially dangerous position
References:
Dari-Mattiacci, G., Deffains, B. & Lovat, B. (2011). The dynamics of the legal system. Journal of Economic Behavior & Organization, 79 (1–2), 95-107. doi: 10.1016/j.jebo.2011.02.001
Arkhipov, S. I., Belkanov, E. A. & Berg L. N. (2021). Actual problems of the theory of state and law. In: Perevalov D. V. (Ed.). Moscow: Justice.
Alekseev, S. S. (1966). The mechanism of legal regulation in a socialist state. Moscow: Legal Literature.
Babaev, V. C. (Ed.). (2016). Theory of state and law: a textbook for bachelors. Moscow: Yurayt.
Kulapov, V. L. (Ed.). (2016). Actual problems of the theory and practice of legal regulation. Saratov: Saratov State Law Academy.
Gorshenev, V. M. (1972). Methods and organizational forms of legal regulation in a socialist society. Moscow: Legal Literature.
Radko, T. N. (2018). Prohibiting norms in the mechanism of legal regulation. Bulletin of the Academy of Law and Management, 3 (52), 9-17.
Malko, A. V. (1996). The mechanism of legal regulation. Jurisprudenc
Reference:
Batchaeva A.A.. A Principled Approach to the Reconciliation Procedure: Theory and Practice // Legal Studies. – 2022. – № 12. – P. 44-52. DOI: 10.25136/2409-7136.2022.12.39078.
DOI: 10.25136/2409-7136.2022.12.39078
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Abstract: The article examines the problems of regulation and implementation of the provisions of the law on reconciliation in criminal cases. The interrelation of the norms of the institute of reconciliation with a number of principles of criminal procedure law is substantiated and it is concluded that the institution of reconciliation of the parties does not fully comply with the purpose of criminal proceedings and its principles such as the protection of human and civil rights and freedoms and the presumption of innocence. In this regard, the article proposes changes that it is advisable to make to the criminal and criminal procedure law, as well as to the guidance clarifications of the Plenum of the Supreme Court of the Russian Federation to eliminate such contradictions. So we consider it necessary: in the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2013 N 19, to exclude the mention of the established guilt of the person against whom the criminal case is terminated in accordance with Article 25 of the Code of Criminal Procedure of the Russian Federation, and also to reflect the judgment that it is unacceptable for the law enforcement officer to allow formulations in the text of the resolution on the termination of the criminal case, indicating the proof of guilt the person against whom the decision to terminate the criminal case is made; from Articles 25, 213 of the Criminal Procedure Code of the Russian Federation, it is necessary to exclude an indication of the possibility of reconciliation with the suspect; part 2 of Article 42 of the Criminal Procedure Code of the Russian Federation should be supplemented with paragraph 4.1 of the following content "to reconcile with the suspect, the accused person in accordance with the procedure established by Article 25 of this Code"; paragraph 15 Part 4 of Article 47 of the Code of Criminal Procedure of the Russian Federation should be supplemented with the wording explaining to the accused the right to reconciliation in accordance with the procedure provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.
Keywords: interests of the victim, principles of criminal proceedings, appointment of criminal proceedings, termination of the fishing case, reconciliation of the parties, criminal prosecution, participants in criminal proceedings, criminal law, criminal proceedings, presumption of innocence
References:
Batchaeva A.A. On succession in conciliation in criminal cases of private prosecution // Law and Politics. 2021. № 11. pp. 33 – 42.
Belousova E.A. On the general procedure for the termination of criminal prosecution // Leningrad Law Journal. 2010. № 4 (22). S. 98-107. S. 104-105;
Bolshakov I.V. Termination of the criminal case (criminal prosecution) of public accusation in connection with the reconciliation of the parties in the modern criminal process: autoref. dis... cand. Yurid. Sciences. Kemerovo, 2007. 33. p. s. 8; p. 9.
Vasilyeva E.G. Legal and theoretical problems of termination of criminal prosecution and criminal proceedings. M., 2006. p. 210.
Galimova M.A. Termination of the criminal case (criminal prosecution) in connection with the reconciliation of the parties. Krasnoyarsk, 2021. 100 p. S. 55-56;
Dossaeva G.A. Problems of compliance with the principles of inevitability of responsibility and justice in the release from criminal responsibility in connection with reconciliation
Reference:
Slepnev F.. The Insignificance of the Act in Criminal Law and the Social Danger of the Individual // Legal Studies. – 2022. – № 10. – P. 43-53. DOI: 10.25136/2409-7136.2022.10.38732.
DOI: 10.25136/2409-7136.2022.10.38732
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Abstract: The article is devoted to the issues of taking into account the social danger of the individual when differentiating minor acts and crimes. The subject of the work is the norms of law governing the institution of the insignificance of an act in criminal law, as well as law enforcement practice that develops in connection with the application of the norms on the insignificance of an act. In the course of the study, the author examines the evolution of Soviet and post-Soviet criminal legislation in terms of the norms governing the insignificance of the act, as well as the legal technique of their construction. Particular attention is paid to the study of heterogeneous law enforcement practice in the context of the issue of accounting for the identity of the perpetrator in the differentiation of minor acts and crimes. The research was conducted on the basis of universal dialectical, logical, formal-legal and historical-legal research methods.The scientific novelty of the research consists in the fact that the author presents a theoretical justification of the approach, according to which personality traits cannot influence the resolution of the issue of the insignificance of the act and suggests an original practical way to implement this approach in the form of legislative changes, which subsequently positively affect law enforcement practice and contributes to its uniformity. The main result of the study is a proposal to amend the current criminal legislation, in particular, it is recommended to amend Article 14 of the Criminal Code of the Russian Federation and add Part 3, which will meaningfully consolidate the above approach and thus bring judicial practice to uniformity.
Keywords: data, accounting, the consequences, harm, public danger, personality, character, features, act, insignificance
References:
Kovalev, M. I. (1987). The concept of crime in Soviet criminal law. Sverdlovsk: Publishing house Ural, un-ta.
Bagirov, C. M. (2019). Objective factors of insignificance of an act. Legal Science, 11, 43–49.
Gordeev, A. Y. (2018). Problems of practical application of the institute of insignificance of an act in Russian and foreign criminal law. Law and State: Theory and Practice, 9 (165), 131–132.
Tyunin, V. I. (2020). On the insignificance of an act in criminal law and criminal law. Criminal law, 4, 69–76.
Stepanov, V.V. (2007). Evaluation of the circumstances characterizing the personality when deciding on the recognition of an offense as insignificant. Bulletin of the Perm University. Legal Sciences, 8, 186–189.
Novik, O. O. (2013). On the issue of determining the criteria for recognizing an act as insignificant. Science-Education, Production, Economics, 348–350.
Pudovochkin, Y. E. (2019). Assessment of the degree of public danger in establishing the insignificance of an act (based on
Reference:
Хуан Ю.. Territorial Application of China's Criminal Law // Legal Studies. – 2022. – № 8. – P. 69-74. DOI: 10.25136/2409-7136.2022.8.38507.
DOI: 10.25136/2409-7136.2022.8.38507
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Abstract: The article is devoted to the problems of territorial operation of the criminal law in China. The factors that actualize interest in the issues highlighted in the article are disclosed. The presented paper gives a general description of the principle of "the territorial operation of criminal law", and also examines its individual provisions on the example of China. The principle of "the operation of criminal law in space" exists in Chinese and Russian criminal legislation. We are talking about its application in a certain territory and in relation to persons who have committed a crime. When countries were sufficiently isolated from the other world, the criminal law mainly regulated the solution of criminal problems of citizens within the clear boundaries of the territory within the country.  However, with the opening of borders and the increase in international exchanges, which are becoming closer and closer, citizens of both countries sometimes commit crimes, and more and more conflicts arise – according to the law of which state they should be prosecuted. Consequently, there is a need to consider the problems of determining which criminal law was in effect in relation to a foreign citizen or a stateless person who committed a crime related to the movement in space (people, goods) from one country to another. Consideration of these issues seems relevant in a changing world. In conclusion, it is noted that the operation of the criminal law in space, taking the territory as a criterion, applies to all crimes committed on the territory of the country.
Keywords: law, Chinese criminal law, right, criminal jurisdiction, criminal, the effect of criminal law, space, territorial principle, criminal law, Globalization of the modern world
References:
Gao Mingxuan. Criminal law. Beijing, 2002.-243 p.
Damaskin O. V. Current state and development of the criminal law of the People's Republic of China / O. V. Damaskin, I. V. Kholikov // Proceedings of the Institute of State and Law of the Russian Academy of Sciences.-2018.-No. 3.-S. 156-180.
Korobeev A.I., Long Changhai. Composition of a crime in the doctrine of criminal law in China and Russia: a comparative study. M., 2013.-184 p.
Lun Changhai, Korobeev A.I., Chuchaev A.I. The Criminal Code of the People's Republic of China: improvement in the process of implementation (on the 20th anniversary of its adoption) // Lex Russica.-2018.-No. 3.-P. 128–142.
Makaseeva A. A. The real principle of the spatial effect of the criminal law: a comparative legal analysis of the criminal legislation of the CIS countries / A. A. Makaseeva // Problems of law.-2016.-No. 1.-S. 172−176.
Pan Dongmei. New trends in the development of criminal law in modern China: a review of changes in Chinese criminal law
Reference:
Mironov R.. Social management technologies in the development of digital interaction between penal enforcement agencies and the police for the prevention of offenses by persons sentenced to criminal penalties without isolation from society // Legal Studies. – 2022. – № 7. – P. 44-63. DOI: 10.25136/2409-7136.2022.7.37375.
DOI: 10.25136/2409-7136.2022.7.37375
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Abstract: In the article, as part of the improvement of social technologies in law enforcement, the mechanism of digital interaction between the penal enforcement system (hereinafter, the UIS) and the internal affairs bodies (hereinafter, the ATS) in the conditions of a modern network society and the expected transition of the domestic economy to its digital model is described. The purpose of the article is to study the organizational, managerial and technological capabilities between the services and divisions of the UIS and the Department of Internal Affairs for the detection, prevention and suppression of offenses by those sentenced to criminal penalties without isolation from society, the establishment of official and functional powers of employees of the criminal executive inspections of the UIS and the police of the Department of Internal Affairs. The objectives of the work are to determine the role of interaction between the services and divisions of the UIS and the ATS, to eliminate functional contradictions in order to improve supervision and control over registered persons and the organization of digital management to ensure security and law and order in the municipal and regional territory they serve. The article is prepared on the basis of an analysis of the norms of law, departmental normative legal acts, law enforcement and law enforcement practice of law enforcement agencies based on the provisions of the theory of social management, cybernetics, information analysis, digital information, the latest achievements in the field of interdisciplinary scientific research. The study uses general scientific and special legal means and methods of cognition that ensure the complexity of the organizational and legal study of the system of joint law enforcement activities. The novelty of the work is predetermined by the hypothesis about the network structure of society adopted as a basis. The relevance of the work is due to the course proposed by the President of Russia to build a digital economic system – as an urgent need to maintain the competitiveness of the domestic economy among the major economies of the global world order. In this regard, the developed mechanism of digital interaction of the studied bodies is an integral part of the digital economy, which in turn determines the mechanism for improving social technologies of public administration in the law enforcement sphere.
Keywords: penal enforcement agencies, digital economy, network society, law enforcement system, public administration, social technologies, law enforcement activities, digital interaction, police, integrated cooperation
References:
Characteristics of persons registered with the penitentiary inspections for 2018-2020//Official website of the Federal Penitentiary Service of Russia. URL: http://fsin.su//https://docviewer.yandex.ru/view/23735449/?*=UV55OM (accessed 12/21/2021).
Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // Collected Legislation of the Russian Federation. 2021. No. 27 (part II) art. 5351.
Decree of the Government of the Russian Federation of April 29, 2021 No. 1138-r “On approval of the Concept for the development of the penitentiary system of the Russian Federation for the period until 2030”.
Minaeva I. Organizational and legal basis for the interaction of the penitentiary system and internal affairs bodies in the field of preventing the commission of crimes by those sentenced to punishments and other measures of a criminal law nature that are not related to isolation from society: thesis .... cand. legal Sciences: 12.00
Reference:
Belyaev I.Y., Belyaev Y.V.. Big Data' and Data Mining' Role in Fight Against Drug Trafficking // Legal Studies. – 2022. – № 7. – P. 1-13. DOI: 10.25136/2409-7136.2022.7.37872.
DOI: 10.25136/2409-7136.2022.7.37872
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Abstract: The subject of the research is the ways of using modern Big Data and Data Mining methodologies to improve the process of lawmaking and law enforcement practice in the field of illicit trafficking of new psychoactive substances. Based on the experience of European countries and international experience in general, the author proves the need to create a methodology for early detection of the spread of new psychoactive substances that pose a significant threat to public health. This technique, according to the author, can be based on the use of methods of applied statistical analysis of the Google Trends database, which, in turn, can be used to combat drug crime in terms of detecting and predicting crimes. The practical significance of the conducted research lies in the development of a methodology for early detection of the spread of new psychoactive substances, which can be used to optimize the operational legislative response and improve law enforcement practice in the field of combating illicit drug trafficking. The scientific novelty of the conducted research consists in the creation of a predictive rule in the form of a linear regression equation that allows predicting the spread of such a new psychoactive substance as mephedrone in various regions of the Russian Federation, as well as planning operational investigative measures taking into account the identified risk zones. This study may be of interest to law enforcement officials, legal scholars, students and teachers of law schools.
Keywords: anti-drug legislation, international law and order, analogues of narcotic drugs, early warning system, comparative studies, linear regression equation, designer drugs, drug trafficking, national security, drug addiction
References:
Niftalieva, I. A. Problems of the implementation of the principle of justice in the norms establishing responsibility for the illegal circulation of new potentially dangerous psychoactive substances / I. A. Niftalieva // Modern problems of criminal law sciences: collection of articles of the All-Russian Scientific and Practical Conference, Volgograd, 06 -08 July 2021. - Volgograd: IP Chernyaeva Yu.I., 2021. - S. 214-218. – EDN OVDWCJ.
M.H. Baumann, R.A. Glennon, J.L. Wiley (Eds.), Neuropharmacology of New Psychoactive Substances (NPS): The Science Behind the Headlines, Springer International Publishing, United States, 2017.
E. Deligianni, J.M. Corkery, F. Schifano, L.A. Lione, An international survey on the awareness, use, preference, and health perception of novel psychoactive substances (NPS), Hum. Psychopharmacol.: Clin. Exp. № 32, (2017) e2581.
Moiseenkova, M. A. Illicit trafficking of new potentially dangerous psychoactive substances / M. A. Moiseenkova // Preservation of the world in modern
Reference:
Ershova K.A.. Issues of application of administrative supervision of legal entities // Legal Studies. – 2022. – № 7. – P. 64-72. DOI: 10.25136/2409-7136.2022.7.38477.
DOI: 10.25136/2409-7136.2022.7.38477
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Abstract: The article examines certain issues of criminal liability of legal entities and unresolved issues of countering crimes committed both before the facts of illegal activity are revealed and after the subject to criminal responsibility declared guilty. The effectiveness of countering environmental and economic crime depends on solving the problem of preventing repeated crimes. The object of the study of this article are the norms of administrative and criminal legislation that establish the concept and signs of multiple crimes, as well as administrative supervision of persons convicted of committing a crime and responsibility for evading administrative supervision. The work examines the norms of criminal and administrative law. The analysis of situations requiring resolution at the legislative level is carried out. The ways of improving the current criminal and administrative legislation are proposed. To prepare the article, both general scientific research methods, including analysis, systematization and extrapolation, and special methods of cognition were used. The novelty of the research lies in the construction of concrete proposals for the development of the institution of criminal liability of legal entities and the prevention of their recidivism. The paper emphasizes the need for the execution of court decisions and suggests ways to achieve it. The measures aimed at improving the corporate policy of a legal entity are described. The paper substantiates the need to apply administrative supervision measures to legal entities as a way to protect violated rights.
Keywords: protection of victims' rights, malicious evasion, evasion of supervision, restriction of activity, restorative measures, criminal liability, legal entities, control of post-criminal behavior, prevention of recidivism, administrative supervision
References:
Volghenkin B. V. Criminal liability of legal entities. S-P., 1998. 31 p.
Criminal law of the Russian Federation.Common part / under the general editorship of B. V. Zdravomiyslov. M., 1996. 509 p.
Criminal law. General part: Textbook for universities / under the general editorship of Professors I. Y. Kozachenko, Z. A. Neznamova. the 3 edition with changes and additions M.: Norm, 2004. 576 p.
New criminal law in Russia: a textbook.Common part / under the editorship of N. F. Kuznecova. M., 1996. 168 p.
Kelina S. G. Liability of legal entities in the draft new Criminal Code of the Russian Federation // Criminal law: new ideas: A collection of articles M., 1994. P. 50-60.
Federal Law № 64-FZ of April 06, 2011 "On administrative supervision of persons released from places of detention" (with amendments № 331-FZ dated October 01, 2019) // Collection of Legislation of the Russian Federation.2011. N 15. Article 2037.
Federal Law № 7-FZ of January 10, 2002 "About environmental protection" (with
Reference:
Prostoserdov M.A.. Problems of the implementation of the principle of justice in the construction of sanctions norms of the Special part of the Criminal Code of the Russian Federation // Legal Studies. – 2022. – № 6. – P. 37-48. DOI: 10.25136/2409-7136.2022.6.37602.
DOI: 10.25136/2409-7136.2022.6.37602
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Abstract: The author examines in detail the problems of implementing the principle of justice in the construction of sanctions of criminal law norms of a special part of the current criminal law of the Russian Federation. The object of the study is public relations regulating the establishment of specific types and punishments within their specific limits for the seduction of specific crimes. The subject of the study is the norms of the current criminal law of the Russian Federation. The author pays special attention to the issues of compliance of certain types of punishments with the nature and degree of public danger of the crime. separately, the issues of the correlation of the sanctions of the norms of the part and the norms of the whole, the problems of establishing the lower limit of punishment in criminal sanctions are investigated.   The scientific novelty lies in the developed and formulated theoretical foundations for the construction of criminal law sanctions aimed at implementing the principle of justice. The paper investigated the sanctions of new norms of a Special part of the Criminal Code of the Russian Federation, such as "Knowingly false expert opinion in the field of procurement" (Article 200.6 of the Criminal Code of the Russian Federation). At the same time, several problems of implementing the principle of justice in the construction of criminal sanctions have been identified, and new ways of eliminating these problems have been proposed. The conclusion is substantiated on the ratio of sanctions of norms-part and norms-whole, sanctions of qualified and basic compositions, on the principles of establishing a fine as the main type of punishment in the sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, as well as on the principles of establishing the lower limit of punishment in the form of imprisonment.
Keywords: types of punishments, the lower limit of punishment, deprivation of liberty, fine, the principle of justice, sanction, criminal punishment, the main punishment, penalization, problems of criminal law
References:
Konovalchuk, M. V. The principle of justice and its implementation in the criminal law of the Russian Federation . Saratov; 2009. 23p. (In Russ.).
Galaktionov, S. A. The principle of justice (Criminal law aspect) . Ryazan; 2004. 169 p. (In Russ.).
Epifanov, B. V. The principle of social justice in criminal law. St. Petersburg, 1993. 24 p. (In Russ.).
Bunin, O. Y. Implementation of the principle of justice in the establishment of sanctions of criminal law norms .; 2006. 30 p. (In Russ.).
Kalyuzhin, K. V. Restoration of social justice in sentencing for murder (Article 105 of the Criminal Code of the Russian Federation. Krasnodar; 2013. 28 p. (In Russ.).
Yudin, E. V. Punishment and restoration of social justice in criminal law, theory and law enforcement practice . Irkutsk, 2007; 188 p. (In Russ.).
Kant, I. Criticism of practical reason. Kant, I. Essay in six volumes / under the general editorship of V.F. Asmus, A.V. Gulygi, T.I. Oyserman. Moscow : Thought, 1965; (Vol.4. Part 1): 544р. (
Reference:
Shamsutdinov M.M.. Experience in regulating the examination in the criminal process of Germany and Switzerland // Legal Studies. – 2022. – № 5. – P. 1-12. DOI: 10.25136/2409-7136.2022.5.37975.
DOI: 10.25136/2409-7136.2022.5.37975
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Abstract: The article aims to highlight the experience of individual foreign countries (Germany and Switzerland) in the legal regulation of such a specific institution of criminal procedure law as examination. The object of this study is criminal procedural legal relations arising during the production of a visual examination of a living person's body in order to obtain information relevant to a criminal case. The subject of the study is the norms of the criminal procedure legislation of Russia, Germany and Switzerland, regulating the grounds and procedure for the production of this investigative action, as well as the works of individual scientists devoted to the investigative action under study. The main method of cognition in the course of the study was the comparative legal method, methods of analysis, synthesis, system-structural method and modeling method were also used. The novelty of the study was that the author critically examined the norms of the criminal procedure legislation of certain foreign states from the Romano-German legal family on examination, both in comparison with each other and with a similar institution of the Russian criminal process. As a result of comparing the norms of the legislation of Germany and Switzerland, the peculiarities of the legal nature and legislative regulation of the institute of examination in these states were revealed. The result of the research was the original author's proposals and recommendations on using the experience of certain norms of foreign legislation to make appropriate changes to domestic criminal procedure legislation.
Keywords: pre-trial proceedings, medical examination, investigator, inspection, the victim, witness, force, preliminary investigation, investigative actions, court
References:
URL: http://ivo.garant.ru/#/document/12125178/paragraph/1073767763:1
Danilova, N. A., & Nikolaeva, T. G. (2014). Whether coercion at the stage of verification of the message on a crime is possible? In A. Protasevich (Eds.), Criminal procedural and forensic means to ensure the effectiveness of criminal proceedings. (pp. 70–76). Irkutsk: Baikal State University of Economics and Law.
Sinenko, S. A. (2020). Ensuring the principle of respect for honor and dignity when conducting an evaluation. Modern Criminal Procedure Law-Lessons of History and Problems of Further Reforming, 1(2), 211–217.
Lomakina, A. A. (2018). On the issue of conducting an examination of a minor victim in the investigation of crimes infringing on the sexual inviolability of a person. Bulletin of the Krasnodar University of the Ministry of the Interior of Russia, 1(39), 45–48.
Kuzmina, O. L. (2018). Problems of production of examination of juveniles in a criminal proceedings. Bulletin of the Kaliningrad Branch of the Saint-Pete
Reference:
Novozhilov S.S.. The highest position in the criminal hierarchy: problems of application of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation // Legal Studies. – 2022. – № 4. – P. 48-57. DOI: 10.25136/2409-7136.2022.4.37807.
DOI: 10.25136/2409-7136.2022.4.37807
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Abstract: The article highlights the main problems associated with the implementation of criminal responsibility for occupying the highest position in the criminal hierarchy, special attention is paid to issues related to the definition of "a person occupying the highest position in the criminal hierarchy".
At the same time, the author notes that the Criminal Code of Russia does not disclose the key concepts used in the disposition of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation, at the same time indicating that these concepts are also not contained in the current Resolutions of the Plenum of the Supreme Court of Russia. The author identifies the main problems that reduce the effectiveness of law enforcement of Part 4 of Article 210 and Article 210.1 of the Criminal Code of Russia. The main conclusions of the study are the need to improve Part 4 of Article 210 and Article 210.1 of the Criminal Code of Russia. In this connection, it is proposed to introduce a legislative definition of "a person occupying the highest position in the criminal hierarchy" in the form of a note to Article 210.1 of the Criminal Code of Russia, by analogy with a note to Article 285 of the Criminal Code of Russia. In addition, the author suggests possible ways to solve the identified problems related to the implementation of Part 4 of Article 210 and Article 210.1 of the Criminal Code of Russia, in particular, it indicates the need to adopt a Resolution of the Plenum of the Supreme Court of Russia on the application of these articles and the adoption of the Federal Law "On Combating Organized Crime".
Keywords: Organization of a criminal community, Leaders of the criminal world, Improvement of criminal legislation, thief in law, Criminal law, Problems of criminal law, Prison hierarchy, qualification of crimes, organized crime, Criminal hierarchy
References:
Agilden, V. V., Lovtsevich, S. E., Lohova A.A. Highest position in criminal hierarchies: problems of interpretation and implementation // Young scientist 2019. No. 24. P. 165-169.
Agapov, P. V. The basics of combating organized crime: abstract of the thesis of Dr. of legal Sciences. M., 2013. P.14.
Bykov, V. M. Problems of application of article 210 of the criminal code in the new edition of the Federal law of November 3, 2009 No. 245-FZ. Law and politics. 2011 No. 1 p. 104.
Burlakov, V.N., Shchepelkov, V.F. Leader of the criminal community and the basis of responsibility: postmodern in criminal law// All-Russian Criminological Journal. 2019. Vol. 13. No. 3 p. 467.
Gaukhman, L.D. Qualification of crimes: law, theory, practice. 4th ed. M., 2010. pp. 553-554.
Grigoriev, D.A. Criminal law definition of persons with influence on the criminal environment// Legal science and law enforcement practice. 2017. No. 1 P. 67.
Ivanov, N.G. Humanism in criminal law-the intoxication of temptations /
Reference:
Bakradze A.A., Belov D.O., Kalinin A.N.. On the constitutionality of the ban on the use of the Internet by a suspect or accused // Legal Studies. – 2022. – № 3. – P. 19-32. DOI: 10.25136/2409-7136.2022.3.37644.
DOI: 10.25136/2409-7136.2022.3.37644
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Abstract: The article examines the theoretical and applied problems of the prohibition of the use of the information and telecommunications network "Internet" by a suspect or accused when choosing a preventive measure in the form of a ban on certain actions, bail or house arrest; analyzes, in connection with the fundamental rights and freedoms of man and citizen, the changes introduced by Federal Law No. 72-FZ of 18.04.2018 changes in The Criminal Procedure Code of the Russian Federation; thematic judicial practice is given; legal solutions aimed at optimizing the current legislation and the practice of its application are proposed, while legal issues are correlated with the role of the Internet in modern society and human life. According to the results of the study, the authors come to the conclusion that the legal stereotypes that have existed for a long time about the inseparable connection of the restriction of the constitutional right to freedom when placed under house arrest with other restrictions of constitutional rights, although not explicitly specified in the law, are actually applied to a suspect or accused under house arrest. Among such restrictions, we will find, for example, a ban on performing labor (official) duties, searching for and receiving information, various types of creative activity (literature, painting, science, technology, etc.). These restrictions could have been formed only in a "pre-digital" society and therefore require revision.
Keywords: criminal proceedings, freedom, rights, the accused, suspect, digitalization, The Internet, house arrest, deposit, prohibition of certain actions
References:
Bushnaya N.V. Prohibition of particular actions-a criminal procedural novelty// Legitimacy. 2019. No 4. P. 50-52.
Pirmagomedova Z.A. About some legislative innovations regarding the regulation of certain preventive measures // Law and right. 2021. No 11. Pp. 191-193.
Paulava L.V. Prohibition of specific actions as a new measure of restraint: analysis of legislative experience of the Russian federation // Justice of Belarus. 2020. No 5. Pp. 67-72.
Larkina E. V. A new measure of restrains-prohibition of certain actions// Criminal law. 2018. No 4. Pp. 113–117.
Stelmakh V.Y. The prohibition of specific actions restrictive measure//Russian investigator. 2020. No 2. Pp. 21–25.
Dikarev I.S. Prohibition of certain actions within the system of measures of procedural compulsion// Legitimacy. 2020. No 8. Pp. 50-52.
Zhilyaev R.M., Bazhanov S.A. On the question of the feasibility of monitoring compliance with the ban on the use of communications and the internet (based on the results of an expert s
Reference:
Akunchenko E.A.. Main theoretical approaches towards comprehension of the essence of abuse of administrative resources in the electoral process // Legal Studies. – 2021. – № 11. – P. 94-107. DOI: 10.25136/2409-7136.2021.11.34326.
DOI: 10.25136/2409-7136.2021.11.34326
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Abstract: The object of this research is the abuse of administrative resource as one of the manifestations of corruption crime in the electoral process. Being a multidimensional negative phenomenon, the abuse of administrative resource does not have legal or generally accepted doctrinal definition, which impedes the development of the effective system of legal restrictions aimed at protection of electoral relations from such type of corruption. The subject of this research is the scientific works of the experts in sociology, political science, economics, and law that disclose the essential characteristics of the phenomenon in question. The goal lies in the formation of holistic representation on the abuse of administrative resource in the electoral process. The author examines and summarizes the approaches towards the concept of administrative resource proposed in different social sciences; determines the key legal elements of abuse of administrative resources in the electoral process, which reveal its corruption essence; formulates definition of this negative phenomenon. Scientific novelty lies in distinguishing the three independent approaches towards comprehension of administrative resource in the electoral process: socio-political, political-economic, and formal-legal. The absence of apparent contradictions, as well as complementarity of these approaches, allows forming holistic perspective on the administrative resource. Focusing attention on the formal-legal approach, the author concludes that the leading features of abuse of administrative resource in the electoral process in the special subject composition, method of wrongdoing, as well as corruption goal pursued by the actor of electoral process. The original definition of abuse of administrative resource in the electoral process is offered.
Keywords: election technologies, candidates, public officials, election process, elections, administrative resources, abuse of functions, corruption, corrupt prevention, undue influence
References:
Doklad o zloupotreblenii administrativnym resursom v khode izbiratel'nykh protsessov : Issledovanie № 585/2010 [Elektronnyy resurs] // Evropeyskaya komissiya za demokratiyu cherez pravo (Venetsianskaya komissiya). – URL: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2013)033-rus.
Ella Pamfilova: my sdelaem vse, chtoby «novoy Bolotnoy» ne bylo [Elektronnyy resurs] // Ofitsial'nyy sayt agentstva «Interfaks». – URL: https://www.interfax.ru/interview/511717.
Administrativnyy resurs v Khakasii rastsvel makhrovym tsvetom v svoey predvybornoy agonii [Elektronnyy resurs] // Ofitsial'nyy sayt KPRF. – URL: https://kprf.ru/activity/elections/178757.html.
Irkutskoy oblasti predskazyvayut goryachuyu politicheskuyu osen' [Elektronnyy resurs] // Setevoe izdanie «MK Baykal». – URL: https://baikal.mk.ru/politics/2018/09/11/irkutskoy-oblasti-predskazyvayut-goryachuyu-politicheskuyu-osen.html.
Slovar' inostrannykh slov sovremennogo russkogo yazyka / Sost. T. V. Egorova. – M.: Adelant, 2014. – 800 c.
Slovar' ru
Reference:
Panteleeva E.V.. The concept of innocence in criminal procedure // Legal Studies. – 2021. – № 10. – P. 49-58. DOI: 10.25136/2409-7136.2021.10.36769.
DOI: 10.25136/2409-7136.2021.10.36769
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Abstract: The concept of “innocence” is an important category of criminal proceedings; alongside the concept of “guilt”, it is the central question resolved in the course of proceedings in criminal cases. However, this term remains poorly studied in theory and legislation. The article examines the instances, in which the concept of “innocence” is used in the text of the current criminal procedure law. Analysis of the norms of the Code of Criminal Procedure of the Russian Federation that establish the circumstance in proof, regulate the questions of rendering verdict by jurors and court sentence, as well as prescriptions of the Criminal Code of the Russian Federation, reveals a number of issues related to the normative theory of innocence. The comparative study conducted on the Articles 73, 299, 339, 302 of the Code of Criminal Procedure of the Russian Federation allows detecting contradictions in the scope of the concepts of guilt and innocence used therein. The author distinguishes between the factual and legal understanding of innocence, as well as substantiates the need for the existence of its specific type – presuming innocence. The arguments are advanced for the possibility of declaring the defendant not guilty based on the acquittal of the jury. For enhancing legal certainty, the author offers the original concept of innocence. The conclusion is made that the issues associated with the normative theory of innocence cause difficulties in law enforcement, and their resolution may affect the accuracy of establishing circumstances in proof, as well as the final court decision.
Keywords: justice, sentencing, sentence, presumption of innocence, subject of proof, grounds of justification, acquitting, innocence, guilt, blame
References:
Motovilovker Ya. O. O prezumptsii nevinovnosti i priznanii litsa vinovnym ne inache kak po prigovoru suda // Problemy pravovogo statusa lichnosti v ugolovnom protsesse. Saratov: Izd-vo Sarat. un-ta, 1981. S. 57-61.
Krymov A. A. Pravovye prezumptsii v ugolovnom protsesse: avtoref. dis. ... kand. yurid. nauk. M., 1999. 28 s.
Opredelenie Konstitutsionnogo Suda RF ot 5 dekabrya 2019 g. № 3272-O «Ob otkaze v prinyatii k rassmotreniyu zhaloby grazhdanina Moskaleva Mikhaila Vasil'evicha na narushenie ego konstitutsionnykh prav chast'yu pervoy stat'i 128.1 Ugolovnogo kodeksa Rossiyskoy Federatsii i stat'ey 318 Ugolovno-protsessual'nogo kodeksa Rossiyskoy Federatsii» // Vestnik Konstitutsionnogo Suda RF. № 1. 2020.
Postanovlenie Konstitutsionnogo Suda RF ot 13 aprelya 2021 g. № 13-P «Po delu o proverke konstitutsionnosti stat'i 22, punkta 2 chasti pervoy stat'i 24, chasti vtoroy stat'i 27, chasti tret'ey stat'i 246, chasti tret'ey stat'i 249, punkta 2 stat'i 254, stat'i 256 i chasti chetvertoy stat'i 321 Ugolovno-protsessual'nogo kodeksa Rossiy
Reference:
Sidorenko E.L., Khalizeva E.A.. The system of offences related to illicit circulation of digital securities in Russia // Legal Studies. – 2021. – № 8. – P. 38-50. DOI: 10.25136/2409-7136.2021.8.36234.
DOI: 10.25136/2409-7136.2021.8.36234
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Abstract:  
This article is dedicated to the analysis of the system of offences related to the illicit circulation of digital securities in the Russian Federation. Special attention is given to the peculiarities of the mechanism of constructing the system of offences in the sphere of digital economy. The article analyzes the basic FATF acts pertinent to digital assets; examines the alarm signals in using such assets to launder proceeds acquired by illegal means or used to finance terrorism. The author reviews recommendations on application of risk-based approach in the process of creating due legal regulation of digital assets in the FATF member-states (including Russia). As a research task, the article aims to determine which acts associated with the illicit circulation of digital securities are the subjected to criminalization, as well as the composition of these offences considering the technological aspect of the mixed (economic and technological) nature of such assets. The corresponding draft federal laws “On the Amendments to the Criminal Code of the Russian Federation” and “On the Amendments to the Code of the Russian Federation on Administrative Offenses”, developed by the Ministry of Finances of the Russian Federation, comprise the legislative normative framework for this research. The conclusion is made on the reception (accounting) of recommendations for further development of such regulation in the Russian Federation.
 
Keywords: Criminal Code of the Russian Federation, illegal circulation of DS, criminalization, virtual assets, FATF recommendations, FATF, digital securities, blockchain, distributed ledger technologies, virtual currencies
References:
Ugolovnyy kodeks Rossiyskoy Federatsii ot 13.06.1996 № 63-FZ. [Elektronnyy resurs]. // SPS Konsul'tantPlyus.
Pis'mo Ministerstva finansov RF ot 04.02.2021 № 01-02-02/05-7349. 12.02.2021. [Elektronnyy resurs]. // Telegram-kanal Kripto-Lina. – Rezhim dostupa: https://t.me/cryptoelina.
FATF. Guidance for a risk-based approach. Virtual assets and virtual as-set service providers (2019). [Electronic resource]. – Mode of access: http://www.fatf-gafi.org/media/fatf/documents/recommendations/RBA-VA-VASPs.pdf.
The FATF Recommendations (2012). [Electronic resource]. – Mode of access: https://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF%20Recommendations%202012.pdf.
FATF. Money laundering and terrorist financing red flag indicators asso-ciated with virtual assets (2020). [Electronic resource]. – Mode of access: https://www.fatf-gafi.org/media/fatf/documents/recommendations/Virtual-Assets-Red-Flag-Indicators.pdf.
Afanas'ev E. Ne propustite signaly opasnosti: FATF na strazhe virtual'nykh akt
Reference:
Sungurova E.D.. On the need to amend the sanction of the Article 235 of the Criminal Code of the Russian Federation “Unlawful practice of medical and pharmaceutical activity” // Legal Studies. – 2021. – № 7. – P. 61-73. DOI: 10.25136/2409-7136.2021.7.36047.
DOI: 10.25136/2409-7136.2021.7.36047
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Abstract: The study of educational, monographic, and other specialized literature testifies ti the fact that questions of imposition of penalty for committing an offence stipulated by the Article 235 of the Criminal Code of the Russian Federation have not been comprehensively examined. This article analyzes the practice of imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation. The object of this research is the social relations arising in the context of imposition of penalty for unlawful practice of medical and pharmaceutical activity. The subject of this research is the sanction of the Article 235 of the Criminal Code of the Russian Federation. The author considers the coercive measures applied to persons found guilty of committing an offence under the Article 235 of the Criminal Code of the Russian Federation. The acquired results contain scientific novelty and practical significance, and can be used for improving the criminal law. The author determines the following relevant issues associated with imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation: high instance of inflicting a fine as a form of punishment; absence of practice of imposition of punishment in form of restriction of freedom or forfeiture to hold certain posts or carry out particular activity. The makes recommendations for improving the sanction of the Article 235 of the Criminal Code of the Russian Federation, taking into consideration the analysis of the legislation of CIS countries and domestic law enforcement practice.
Keywords: termination of criminal prosecution, punishability, measures of state coercion, sanction, medical activities, criminal liability, crimes, category of crime, fine, deprivation of liberty
References:
Apellyatsionnoe postanovlenie Moskovskogo oblastnogo suda ot 18 sentyabrya 2014 g. po ugolovnomu delu № 22-5678. URL: https://bsr.sudrf.ru (data obrashcheniya: 08.07.2020).
Sichkarenko A.Yu. Ob'ekt nezakonnogo zanyatiya chastnoy meditsinskoy praktikoy ili chastnoy farmatsevticheskoy deyatel'nost'yu (st. 235 UK RF) // Biznes v zakone. 2009. №3. S. 112 – 115.
Ugolovnoe pravo: uchebnik / Pod red. d.yu.n., prof. N.I. Vetrova, d.yu.n. Yu.I. Lyapunova. – 3-e izd., ispr. i dop. – M.: ID «Yurisprudentsiya», 2004. – S. 537.
Postanovlenie Severo-Eniseyskogo rayonnogo suda Krasnoyarskogo kraya ot 03 dekabrya 2018 goda po ugolovnomu delu №1-29/2018. URL: https://bsr.sudrf.ru (data obrashcheniya: 08.07.2020) i dr.
Postanovlenie o prekrashchenii ugolovnogo dela s naznacheniem sudebnogo shtrafa Churapchinskogo rayonnogo suda Respubliki Sakha (Yakutiya) ot 20 oktyabrya 2020 goda po ugolovnomu delu №1-63/2020. URL: https://bsr.sudrf.ru (data obrashcheniya: 18.02.2021).
Likholetov A.A. Nekotorye problemy kvalifikatsii nezakonnogo osushchestvleniya meditsinskoy deyatel
Reference:
Berchanskiy K.A.. Failure to render medical aid to the patient (Article 124 of the Criminal Code of the Russian Federation) as an intended crime: a concurring opinion // Legal Studies. – 2021. – № 4. – P. 24-48. DOI: 10.25136/2409-7136.2021.4.35080.
DOI: 10.25136/2409-7136.2021.4.35080
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Abstract: The subject of this research the judicial practice of Russian courts for the period from 2010 to 2020 on crimes qualified under the Article 124 of the Criminal Code of the Russian Federation. The subject also includes: relevant provisions of the Russian, Soviet and foreign legislation; doctrinal research dedicated to such types of crimes and iatrogenic crimes in general; as well as crimes with two elements of guilt. The goal is to indicated the discrepancies in the practice of Russian courts, clarify the contributing circumstances, and develop proposals for their elimination. The scientific novelty of this work is dictated by integrity of the used data and methods, previously undisclosed factors of law enforcement and doctrinal contradictions, as well as conclusions that are formulated in the Russian criminal law science for the first time. The first conclusion of this research consists in determination of essential contradictions in the practice of Russian courts with regards to application of the Article 124 of the Criminal Code of the Russian Federation “Failure to render medical aid to the patient”. The author established that the reason for these contradictions lies in disparity of the researchers in the question of the subjective side of the crime. The cause of this phenomenon is of complex nature, including the influence of the previously refuted theory of the “mixed” element of guilt. The main result of this research consists in substantiation possibility of establishing the two elements of guilt in the act qualified under the Article 124 of the Criminal Code of the Russian Federation, which however results from the flaws of the legal technique. As a solution to this problem, the author offers the projects of reforming the domestic criminal law based on the adapted provisions of the German criminal law.
Keywords: criminal law, iatrogenic crime, failure to provide care, mens rea, intent, negligence, double mens rea, compound offences, Russia, Germany
References:
Roth N. E., Sundby S. E. Felony-Murder Rule a Doctrine at Constitutional Crossroads // Cornell L. Rev. – 1984. – T. 70.
Weldon E. D. Criminal Law: The Doctrine of Transferred Intent in Homicide // Kentucky Law Journal. – 1946. – T. 34. – №. 3.
Devoe E. T. Criminal Law - The Use of Transferred Intent in Attempted Murder, a Specific Intent Crime: State v. Gillette // NML Rev. – 1987. – T. 17.
Westen P. The Significance of Transferred Intent // Criminal Law and Philosophy. – 2013. – T. 7. – №. 2. – S. 321-350.
Ehrenreich N. Attempt, Merger, and Transferred Intent // Brook. L. Rev. – 2016. – T. 82.
Dillof A. M. Transferred intent: an inquiry into the nature of criminal culpability //Buff. Crim. L. Rev. – 1997. –№. 1.
Postanovlenie Plenuma Verkhovnogo Suda RF ot 27 yanvarya 1999 g. № 1 «O sudebnoy praktike po delam ob ubiystve (st.105 UK RF)» // SPS Konsul'tantPlyus (data obrashch. 01.02.2021).
Boyarkina N. A. Razgranichenie st. 125 UK RF so smezhnymi sostavami // Sibirskiy yuridicheskiy vestnik. – 2012.
Reference:
Prostoserdov M.A.. On violation of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation // Legal Studies. – 2021. – № 4. – P. 49-58. DOI: 10.25136/2409-7136.2021.4.35011.
DOI: 10.25136/2409-7136.2021.4.35011
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Abstract: This article provides the results of research of the system of sanctions of the Special Part of the effective Criminal Code of the Russian Federation. The object of this study is the social relations arising in temrs of infliction of criminal punishment. The subject of is sanctions of the norms of the Special Part of the effective Criminal Law of the Russian Federation. The goal consists in identification of flaws in establishment of such sanctions, substantiation of the negative impact of these flaws, and development of recommendations for their eliminations. Particular attention is given to the rules for establishment of sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, namely the procedure for the transaction punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation and consequences of violating this order. The scientific novelty of this research consists in identification of violations in the sanctions of norms that have recently come into legal force. The author also determines the violations that create internal contradictions within the effective criminal law. The three groups of violations of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation on various grounds have been distinguished. In the course of this study, the author detected fifteen violations of the rules for establishment of the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation, as well as offered solutions for their eliminations. The acquired results are of practical significance and can contribute to the improvement of the Russian criminal law.
Keywords: the hierarchy of punishments, the order of punishments, rules for constructing sanctions, defects in sanctions, system of sanctions, system of punishment, sanctions, punishment, the appointment of punishment, errors in the appointment of punishment
References:
Prostoserdov M.A. "Lovushki" v sanktsiyakh norm Osobennoy chasti Ugolovnogo kodeksa // Ugolovnoe pravo. 2020. N 2. S. 86-89.
Prostoserdov M.A. Defekty sanktsiy osnovnykh i kvalifitsirovannykh sostavov prestupleniy v Osobennoy chasti UK RF // Rossiyskoe pravosudie. 2020. №8. S. 99-104.
Golubeva M.L. Sudebnaya oshibka: Teoretiko-prikladnoy analiz: Avtoref. dis. … yurid nauk. – Nizhniy Novgorod, 2009. – S. 3.
Prostoserdov M.A., Sistema sanktsiy Osobennoy chasti Ugolovnogo kodeksa Rossiyskoy Federatsii: analiz, problemy, puti resheniy. Monografiya. M.: RGUP, 2020. - 340s.
Postanovlenie Plenuma Verkhovnogo Suda Rossiyskoy Federatsii ot 22.12.2015 №58 «O praktike naznacheniya sudami Rossiyskoy Federatsii ugolovnogo nakazaniya» // SPS «Konsul'tant Plyus».
Lopashenko N. A., Kobzeva E. V., Khutov K. M., Dolotov R. O. Teoreticheskaya model' Osobennoy chasti Ugolovnogo kodeksa Rossiyskoy Federatsii: osnovnye polozheniya struktury i soderzhaniya // Vserossiyskiy kriminologicheskiy zhurnal. 2017. T. 11. № 1. S. 109-118.
Pudovochkin Yu. E., An
Reference:
Titov S.N.. On implementation of the Institution of criminal misconduct and the prospects for its extension to offences against intellectual property // Legal Studies. – 2021. – № 3. – P. 58-64. DOI: 10.25136/2409-7136.2021.3.35180.
DOI: 10.25136/2409-7136.2021.3.35180
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Abstract: This article analyzes the draft law on implementation of the institution of criminal misconduct into the criminal legislation that was submitted to the State Duma upon the initiative of the Supreme Court of the Russian Federation. The author traces the history of the problem, difference between the new and the previous draft law, which has received a negative response from the Government of the Russian Federation, and thus has not been implemented. The newly introduced institution viewed from the perspective of cross-sectoral competition, systematicity of criminal legislation, terminological accuracy, adequacy of sanctions for different types of offenses, correlation between the institution of criminal misconduct and the institution of exemption from criminal liability. The author also raises the question on the impact of implementation of the new institution upon the workload of law enforcement and judicial branches. The following conclusions were made: the institution of criminal misconduct would extend the chain of concepts that cannot be clearly defined: crime – minor misconduct – criminal misconduct – administrative offence; such institution violates the system of sanctions for unlawful acts, as the sanctions  for most criminal misconducts are milder than for administrative offenses. The authors of the draft law underline the effectiveness of the norms on minor misconduct, administrative prejudice, and exemption from criminal liability, without clarifying the goals that cannot be achieved by these existing instruments. Most likely, the new institution would require increasing the workload of judges. The draft law violates the systematicity in establishing liability for infringement of intellectual property rights. It is recommended to include in the draft Paragraph 4 of the Article 15.1 of the Criminal Code of the Russian Federation reference to the Part I and Part II of the Article 146, and Part I of Article the 147 of the Criminal Code of the Russian Federation. The conducted research allows concluding that the draft law does not have sufficient criminological and criminal-legal scientific substantiation.
Keywords: intellectual property infringement, consistency of criminal law, bills, crown law, criminal law, intellectual property, criminal liability, criminal offense, exemption from liability, humanization of criminal law
References:
Postanovlenie Plenuma Verkhovnogo Suda Rossiyskoy Federatsii ot 13.10.2020 № 25 «Ob otzyve iz Gosudarstvennoy Dumy Federal'nogo Sobraniya Rossiyskoy Federatsii proekta federal'nogo zakona № 612292-7 «O vnesenii izmeneniy v Ugolovnyy kodeks Rossiyskoy Federatsii i Ugolovno-protsessual'nyy kodeks Rossiyskoy Federatsii v svyazi s vvedeniem ponyatiya ugolovnogo prostupka» // Ofitsial'nyy sayt Verkhovnogo Suda Rossiyskoy Federatsii. URL: http://www.supcourt.ru/documents/own/29310/ (data obrashcheniya: 11.11.2020)
Zakonoproekt №612292-7 // Sistema obespecheniya zakonodatel'noy deyatel'nosti. URL: https://sozd.duma.gov.ru/bill/612292-7 (data obrashcheniya: 11.11.2020)
Postanovlenie Plenuma Verkhovnogo Suda Rossiyskoy Federatsii ot 13.10.2020 № 24 «25 «O vnesenii v Gosudarstvennuyu Dumu Federal'nogo Sobraniya Rossiyskoy Federatsii proekta federal'nogo zakona «O vnesenii izmeneniy v Ugolovnyy kodeks Rossiyskoy Federatsii i Ugolovno-protsessual'nyy kodeks Rossiyskoy Federatsii v svyazi s vvedeniem ponyatiya ugolovnogo prostupka» // Ofitsial'nyy say
Reference:
Teunaev A.S., Dubova M.E.. New perspective on qualitative and quantitative indicators of juvenile crime in Russia // Legal Studies. – 2021. – № 2. – P. 44-63. DOI: 10.25136/2409-7136.2021.2.34667.
DOI: 10.25136/2409-7136.2021.2.34667
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Abstract: The goal of this research consists in determination and analysis of the current trends of juvenile crime in Russia. The subject of this article is the basic patterns of juvenile crime identified by keeping track of its dynamics, modification and activity in Russia from 1991 to 2019, and classified by the authors into separate periods – “waves” in accordance with the “bursts” of such type of crime. It is underlined that the timely identification of factors and conditions that lead to the spate of criminal activity among juveniles in a specific time period allows preventing similar situations in future, as well as contributes to the development of an effective toolset for preventing deviant behavior of teenagers. The empirical basis of this research is comprised of the statistical reports on the state of juvenile crime in Russia that are posted annually on the official websites of the Ministry of Internal Affairs of Russia and the Prosecutor General's Office of the Russian Federation. The authors also lean on the fundamental Russian and foreign research dedicated to the problematic questions of preventing juvenile crime. In the course of studying statistical data that reflect qualitative and quantitative indicators of juvenile crime in Russia from 1991 to 2019, the authors determined five so-called “waves” of juvenile crime: I wave 1991-1997, II wave 1998-2002, III wave 2003-2012, IV wave 2012-2014, and V wave 2014-2019. Examination of media source, publicistic and scientific literature allowed revealing the most probable causes of the sharp increase in criminogenic situation in the juvenile environment. The article also reveals certain negative trends, such as the increase in the rate of grave and especially grave crimes committed by minors.
Keywords: statistical data, warning, prevention, reasons and conditions, waves of juvenile delinquency, patterns, tendencies, juvenile delinquency, criminology, crime situation
References:
Hall, R.C.W., Friedman, S.H. Don’t Laugh at the Comics: a Modern Take. Acad Psychiatry 44, 476–482 (2020). https://doi.org/10.1007/s40596-020-01257-2.
Fernández-Molina E, Bartolomé Gutiérrez R. Juvenile crime drop: What is happening with youth in Spain and why? European Journal of Criminology. 2020;17(3):306–331. https://doi.org/10.1177/1477370818792383.
De Vries SLA, Hoeve M, Asscher JJ, Stams GJJM. The Long-Term Effects of the Youth Crime Prevention Program “New Perspectives” on Delinquency and Recidivism. International Journal of Offender Therapy and Comparative Criminology. 2018;62(12):3639-3661. https://doi.org/10.1177/0306624X17751161.
Buchanan, M., Castro, E.D., Kushner, M. et al. It’s F**ing Chaos: COVID-19’s Impact on Juvenile Delinquency and Juvenile Justice. Am J Crim Just 45, 578–600 (2020). https://doi.org/10.1007/s12103-020-09549-x.
Bonal, X., González, S. The impact of lockdown on the learning gap: family and school divisions in times of crisis. Int Rev Educ (202
Reference:
Verenich I.V.. Formation of stages of the mechanism of corruption crimes: obstruction of investigation // Legal Studies. – 2021. – № 1. – P. 48-53. DOI: 10.25136/2409-7136.2021.1.34859.
DOI: 10.25136/2409-7136.2021.1.34859
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Abstract: The subject of this research is consideration of the questions of formation of the mechanism of corruption crimes and obstruction of investigation thereof. The author examines the elements of the stage-by-stage formation of corruption crimes: initial stage, main stage, and final stage (result of committing an offense).  The subject of crime is defined as a special subject with administrative or other powers in accordance with the law. The author reviews various methods of corruption crimes and the attributes of misfeasance; as well as determines the key distinguishing feature of corruption crimes – use of powers or position by an official, etc. The main conclusion consists in the statement that the problems of obstruction of investigation are common to investigation of corruption crimes, which is explained by the fact that the detection of this type of offenses ant subsequent investigation pertains to special subjects. This poses a separate, independent task of overcoming obstruction of investigation and application of different methods of overcoming. Analysis of the practice demonstrates that penal sanctions for such crimes are imposed at the lowest possible sanction of the criminal article, and in some cases –  a suspended sentence; there is evidence of not only investigative and judicial errors, but also instances of investigative and judicial arbitrariness. This results in non-application of penalties to the offender, and the worst part – prosecuting the innocent. The examined materials on corruption crimes confirm the fact of obstruction of investigation in virtually every case, which presses the need for the development of forensic doctrine on overcoming obstruction of investigation.
Keywords: subject of crime, criminalistics methods, forensic doctrine, overcoming the counteraction, counteraction to crimes investigation, formation of crime mechanism, mechanism of crime, corruption-related crimes, criminalistics, special subject
References:
Verenich I.V., Kustov A.M., Proshin V.M. Kriminalisticheskaya nauka i teoriya mekhanizma prestupleniya. M.: Yurlitinform, 2016.-669s.
Verenich I.V., Kustov A.M., Proshin V.M. Kriminalisticheskaya teoriya mekhanizma prestupleniya. M.: Yurlitinform, 2014.-640s.
Verenich I.V., Kustov A.M. Ispol'zovanie spetsial'nykh znaniy v protsesse rassledovaniya prestupleniy, sovershennykh v sfere stroitel'stva, ekspluatatsii zdaniy i sooruzheniy. M.: Yurlitinform, 2013.-232 s.
Verenich I.V. Vozniknovenie i stanovlenie kriminalisticheskogo ucheniya o preodolenii protivodeystviya rassledovaniyu prestupleniy. // Sbornik statey Vserossiyskoy nauchno-prakticheskoy konferentsii «Kriminalisticheskie problemy organizatsii rassledovaniya prestupleniy»: Krasnodar, 2020. S.30-38.
Verenich I.V. Teoreticheskie osnovy preodoleniya i neytralizatsii protivodeystviya rassledovaniyu prestupleniy. M.: Yurlitinform, 2018.-256 s.
Ugolovnyy kodeks Rossiyskoy Federatsii ot 13.06.1996 N 63-FZ (red. ot 27.10.2020)
Belkin S.R. Kriminalistika. Istoriya, obshchaya i chastnye teorii.
Reference:
Kulikov E.A.. Categories of general, special and singular in criminal law: semantic analysis // Legal Studies. – 2020. – № 12. – P. 1-17. DOI: 10.25136/2409-7136.2020.12.34761.
DOI: 10.25136/2409-7136.2020.12.34761
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Abstract: The subject of the study is the regularities of the interaction of the categories of subjective dialectics with the fundamental concepts of Russian criminal law. The criminal law is based on linguistic structures, in connection with which the article is devoted to the linguistic aspects of the categories of general, special and singular. Some attention is paid to analytical philosophy and analytical jurisprudence. The linguistic turn in epistemology and epistemology of the mid-20th century drew attention to the linguistic side of various texts, justified the need to study this side, since language and communication form the basis of human interaction, determine the content and development of social relations. In the future, a significant part of the research, including on criminal law topics, is devoted to the language of the law and legislative language systematics. The lexical meaning of the words "general", "singular", "separate", "separate", "separate", "special", "generalize" is considered, their content from the point of view of etymology, word formation, synonymy is revealed. Some attention is paid to the meaning of the sought terms in the social sphere. The question of the categories of dialectics in criminal law is raised extremely rarely, the categories of general, special and singular mentioned in the article have not been practically studied. From a linguistic point of view, these categories can not always be distinguished from each other, they often overlap in content, and in order to determine their legal aspects, i.e. manifestations in the field of jurisprudence, one semantic characteristic is not enough, it can only be considered as a stage of research. Semantic aspects of categories set guidelines for clarifying their philosophical and special scientific content, explain the options for possible word usage, outline its boundaries.With the help of language characteristics, the research range is set, i.e., to distinguish from related concepts and terms already at the initial stage of research. In the process of interpreting the criminal law, the lexical method acts as the leading one and, along with the systemic one, allows you to understand the meaning of legal prescriptions as accurately as possible.
Keywords: special composition, general composition, competition, special norm, universal, separate, single, legislative technique, special, general
References:
Sheptulin A.P. Dialekticheskiy metod poznaniya. M.: Politizdat, 1983. S. 36-37.
Chestnov I.L. Postklassicheskaya teoriya prava. Monografiya. SPb.: «Alef-Press», 2012. S. 289.
Cherdantsev A.F. Logiko-yazykovye fenomeny v yurisprudentsii: monografiya. M.: Norma: INFRA-M, 2016. S. 12.
Khart G. L. A. Ponyatie prava / Per. s angl.; pod obshch. red. E.V.Afonasina i S.V.Moiseeva. — SPb.: Izd-vo S.-Peterb. un-ta, 2007. S. 45.
Russkiy slovar' by Farlex. Samyy polnyy slovar' russkogo yazyka i tezaurus. M.: Lider, 2010. S. 35.
Ter-Akopov A.A. Prestuplenie i problemy nefizicheskoy prichinnosti v ugolovnom prave. M.: Yurkniga, 2003. S. 148.
Tolkovyy slovar' russkogo yazyka: bolee 15 000 slov / pod red. D.N. Ushakova. M.: AST: Astrel'. 2010. S. 503.
Fletcher Dzh., Naumov A.V. Osnovnye kontseptsii sovremennogo ugolovnogo prava. M.: Yurist', 1998. S. 12.
Fuler L.L. Moral' prava / per. s angl. T. Danilovoy. Moskva; Chelyabinsk: IRISEN, Sotsium, 2016. S. 18.
Khabermas Yu. Vovlechenie drugogo. Ocherki politicheskoy teorii. 2-e izd., ster.
Reference:
Mordovin P.S.. Definition and classification of crime for calculation of its social consequences (cost) // Legal Studies. – 2020. – № 12. – P. 44-59. DOI: 10.25136/2409-7136.2020.12.34836.
DOI: 10.25136/2409-7136.2020.12.34836
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Abstract: The scientific community still does not have uniformity with regards to the definition of crime, although this concept is crucial in criminology, without which the existence and development of this science is impossible. Crime is a multifaceted phenomenon; thus, its examination within the framework of a single science does not reflect all of the aspects. The author examines various existing approaches towards the definition of crime; analyzes the concepts of natural criminal and the counter-theories. The question of the immanence of crime is explored. However, it does not seem possible to determine the only reasonable viewpoint and deny the rational kernel of other approaches. The analysis of the existing concepts and approaches towards definition of crime once again demonstrates the controversy of the question. Therefore, the analysis of opinions allows concluding on the need for classification crime, including via specific understanding of this concept. Such classification sufficiently reflects the extent of current public awareness of the criminal law, while retaining semantic load from the perspective of criminology. It also prompts the development of research on the social consequences (cost) of crime, since namely this approach seems logical for calculation of the social consequences (cost) of crime.
Keywords: immanence of crime, crime rate, social consequences of crime, crime concept, criminal law, criminology, cost of crime, crime, natural crime, artificial crime
References:
Yakovenko I.G. Tsivilizatsiya i varvarstvo v istorii Rossii // Obshchestvennye nauki i sovremennost'. № 4. 1996. S. 87-97.
Graeber D. «Fragments of an Anarchist Anthropology» / publ. per. na rus. s angl. // URL: https://translatedby.com/you/fragments-of-an-anarchist-anthropology/original/ (data obrashcheniya: 10.10.2020).
Efroimson V.P. Rodoslovnaya al'truizma // Novyy mir. 1971. № 10. S. 193-213.
Eshkroft T. Kamen', upavshiy s dreva zhizni // Discovery. Sentyabr'. № 9. 2012. S. 93.
Shestakov D.A. Terminy, vvedennye v nauchnyy oborot D.A. Shestakovym // Kriminologiya: vchera, segodnya, zavtra. 2008. № 2 (15). S. 191.
Erlikh A. Ekonomicheskaya teoriya prestupleniy i nakazaniy // Ekonomicheskaya teoriya prestupnoy i pravookhranitel'noy deyatel'nosti. Ekonomicheskaya teoriya prestupleniy i nakazaniy: referativnyy zhurnal. Vyp. 1. M.: Izd-vo RGGU, 1999. S. 30.
Shestakov D.A. Preduprezhdenie prestupnosti. Yuridicheskiy zhurnal. Kazakhstan. 2014. № 4 (52). S. 25–35.
Tsena prestupnosti (metodologiya ee opredeleniya): monografiya / A. A. Go
Reference:
Garipova K.V.. Peculiarities of civil claim and calculation of compensation for emotional harm in cases involving medical aid // Legal Studies. – 2020. – № 11. – P. 52-62. DOI: 10.25136/2409-7136.2020.11.33598.
DOI: 10.25136/2409-7136.2020.11.33598
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Abstract: This article is dedicated to the specificity of filing a civil claim and calculation of compensation for emotional harm in criminal proceedings regarding the improper performance of medical personnel, for illustrating the amounts awarded by the courts of the Russian Federation and analyzing the compensation calculation procedure. The author carries out historical-legal and comparative-legal analysis of the institution of compensation for harm to the aggrieved party in Russia and foreign countries. The goal of this study consists in development of the concept of compensation for harm caused by improper performance of medical personnel that would require the current public needs. The article employs the universal dialectical, logical, formal legal, comparative-legal, and hermeneutic methods. The subject of this research is the norms of the criminal procedural and civil legislation that regulate the questions of compensation for harm in cases involving medical aid. Description is given to the methods of calculation of compensation offered by various representatives of legal science throughout the entire national history. The article is one of the first attempt to analyze compensation for harm within the framework of criminal cases involving medical aid. The conclusion is made that the courts of the Russian Federation award measly compensations.
Keywords: calculation of the amount of compensation, civil proceedings, criminal procedure, victim, medical assistance, compensation for harm, civil suit, criminal case, medical organization, moral harm
References:
Federal'nogo zakona ot 21 noyabrya 2011 goda № 323-FZ (red. ot 29.12.2017) // SPS Konsul'tant plyus.
Postanovlenie Plenuma Verkhovnogo Suda RF ot 28 iyunya 2012 goda № 17 «O rassmotrenii sudami grazhdanskikh del po sporam o zashchite prav potrebiteley» // SPS Konsul'tant plyus.
Grazhdanskiy kodeks Rossiyskoy Federatsii: Chast' pervaya – chetvertaya: [Prinyat Gos. Dumoy 23 aprelya 1994 goda, s izmeneniyami i dopolneniyami po sostoyaniyu na 10 aprelya 2009 g.] // Sobranie zakonodatel'stva RF. – 1994. – № 22. St. 2457.
Ugolovnyy kodeks Rossiyskoy Federatsii ot 13.06.1996 g. № 63-FZ(s izm. i dop., vstup. v silu s 27.07.2020) // SPS Konsul'tant plyus.
Proekt Postanovleniya Plenuma Verkhovnogo Suda RF «O praktike rassmotreniya sudami grazhdanskogo iska po ugolovnomu delu» [Elektronnyy resurs] // Ofitsial'nyy sayt Verkhovnogo Suda RF. – Rezhim dostupa: http://www.supcourt.ru/press_center/mass_media/29058/ (data obrashcheniya: 17.05.2020)
Postanovlenie ESPCh po delu «Oyal protiv Turtsii» ot 23.03.2010 (Oyal v. Turkey) zhaloba № 4864/05.
Ug
Reference:
Berchanskiy K.A.. Causal link in iatrogenic crimes: problems of correlation of the categories of causality in forensic examination and Russian criminal law // Legal Studies. – 2020. – № 10. – P. 27-51. DOI: 10.25136/2409-7136.2020.10.34288.
DOI: 10.25136/2409-7136.2020.10.34288
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Abstract: The subject of this research is the Russian case law of conducting legal proceedings against the representatives of medical sphere based on the constituent elements of crime established by the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper discharge of professional duties. The subject of this research also includes legal norms that regulate the procedure of forensic medical examination in the Russian Federation, norms of medical legislation, as well as corresponding provisions of the Criminal Code of the Russian Federation. The object of this research is the social relations emerging in the event of causing death due to improper provision of medical care, conduct of forensic medical examination, as well as consideration of such cases by the courts. The scientific novelty consists in comprehensive approach towards its implementation that would include the analysis of relevant practice of Russian courts on iatrogenic crimes. As a result of this research, the author outlines the key problems faced by the Russian courts in assessment of causal link in iatrogenic crimes, first and foremost committed by medical negligence. The detailed analysis of legal norms that regulate the procedure forensic medical examination allowed determining the possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in judicial practice. Based on the historical method of interpretation, the author detected the presence and origins of fundamental contradictions in the relevant legislation. The comparative-analytical method applied to the Russian criminal and forensic legislation allowed identifying the key issued that currently impede the efficient and just consideration of iatrogenic cases; the solution approach depending on priorities of the government in criminal law policy is proposed.
Keywords: determinism, criminal omission, medical forensics, causation, Croatia, Russian Federation, medical malpratice, criminal law, statistical method, coincidence
References:
Korshunova P. V. Edinstvo sudebnoy praktiki v Rossii: sovremennye tendentsii i riski // Yuridicheskaya tekhnika. – 2019. – № 13. – S. 698-700.
Bugrova E. G. O poryadke formirovaniya sudebnogo pretsedenta kak istochnika ugolovno-protsessual'nogo prava Rossiyskoy Federatsii // Yurist'-Pravoved'. – 2020. – № 2. – S. 203-208.
Kargal'tsev A. I. K diskussii o sudebnykh aktakh kak istochnikakh ugolovnogo prava Rossii //Vestnik Mezhdunarodnogo instituta ekonomiki i prava. – 2010. – № 1. – S. 152-162.
Distsiplinarnaya otvetstvennost' sud'i za narushenie edinstva sudebnoy praktiki // Sovremennoe pravo. – 2020. – № 4. – S. 85-91.
«Chislo zhalob v Sledstvennyy komitet na deystviya vrachey vyroslo v 2019 godu vdvoe». https://medvestnik.ru/content/news/Chislo-jalob-grajdan-v-Sledstvennyi-komitet-na-deistviya-vrachei-v-2019-godu-vyroslo-vdvoe.html (data obrashch. 01.11.2020).
Prigovor Krasnokamenskogo gorodskogo suda Zabaykal'skogo kraya po ugolovnomu delu № 1-7/2019 ot 23.09.2019. Sayt Krasnokamenskogo gorodskogo suda // http://krasnok
Reference:
Berchanskiy K.A.. Criminal law characteristics of medical sorting (triage): COVID-19 and shortage of resources // Legal Studies. – 2020. – № 9. – P. 1-13. DOI: 10.25136/2409-7136.2020.9.34067.
DOI: 10.25136/2409-7136.2020.9.34067
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Abstract: The subject of this research is the legal norms that regulate the procedure of determining priority of patients (triage) in the Russian Federation, as well as the grounds for bringing to criminal responsibility of the representatives of medical profession for causing death during this process. The object of this research is the social relations arising in terms of prioritizing  treatment  of patients under the circumstances of severe shortage of medical resources, namely in case of mass infection. Analysis is conducted on the established by Chapter 8 of the Criminal Code of the Russian Federation conditions that exclude criminal nature of the act. The conclusion is made that on their inapplicability in similar circumstances. The author examines the nature of the process of medical sorting  – allocation of patients according to certain characteristics and order of their treatment, regulatory norms, as well as analyzes  the trends in the context of COVID-19 pandemic. Due to the fact that the Russian criminal law science does not feature special research dedicated to triage, the article provides a brief overview of the works of foreign legal scholars along with similar positions of national scholars, as well as determines the circumstances that affect the criminal nature of patient's death that takes place in the conditions of severe shortage of resources. The novelty lies in the cross-sectional study of the norms of Russian criminal law and the corresponding norms of medical law, based on which the author develops solution to the problem that did not previously receive due coverage in the Russian science. The author answers the question regarding criminal responsibility for the death of one of the two patients when it is not feasible to provide simultaneous medical treatment to both. It also The article also describes potential amendments to the sectoral medical legislation for the purpose of consolidation of legal status of medical professionals, protect their rights from unsubstantiated criminal prosecution,  protect rights of the patients, and maintain ethical well-being of medical profession.
Keywords: medical law, Italy, Great Britain, USA, Russia, COVID-19, resources, criminal law, medical triage, criminal liability
References:
Prikaz Ministerstva zdravookhraneniya RF ot 5 iyulya 2016 g. № 458n «Ob utverzhdenii standarta skoroy meditsinskoy pomoshchi pri ostroy respiratornoy nedostatochnosti» // SPS Konsul'tantPlyus
Prikaz Ministerstva zdravookhraneniya RF ot 5 iyulya 2016 g. № 459n «Ob utverzhdenii standarta skoroy meditsinskoy pomoshchi pri pnevmonii» // SPS Konsul'tantPlyus
«Klinicheskie rekomendatsii «Gripp u vzroslykh» (utv. Minzdravom Rossii). SPS Konsul'tantPlyus
Cohen I. G., Crespo A. M., White D. B. Potential legal liability for withdrawing or withholding ventilators during COVID-19: assessing the risks and identifying needed reforms // Jama. – 2020. – №. 19. – S. 1901-1902.
Jerry I. I., Robert H. COVID-19: Responsibility and Accountability in a World of Rationing // University of Missouri School of Law Legal Studies Research Paper. – 2020. – № 12.
Oliva A. et al. Liability of Health Care Professionals and Institutions During COVID-19 Pandemic in Italy: Symposium Proceedings and Position Statement // Journal of Patient Safety. – 2020
Reference:
Sarygina E.S.. Peculiarities of the tactics of commissioning forensic tax audit // Legal Studies. – 2020. – № 7. – P. 1-12. DOI: 10.25136/2409-7136.2020.7.33595.
DOI: 10.25136/2409-7136.2020.7.33595
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Abstract: The subject of this article is the scientific and organizational-methodical patterns of forensic audit in conducting research on the objects of accounting processes of an economic entity, which describe records on the due and listed tax obligations seized by the Federal Tax Service to the government and (or) municipal formations. Special attention is given to the tactics of assigning such research in the criminal proceedings. In the course of this study, the author applied the comparative-analytical and system-structural methods of scientific cognition, as well as interdisciplinary approaches, since the study required knowledge of procedural and substantive law, forensic science, theory of forensic audit, economics and normative legal regulation regulation of the accounting processes of economic entities, which determined comprehensive character of this research. The author attempted to examine the forensic tax audit as an independent type of economic audit, which includes subject, object, goals and scientific-methodical recommendations for law enforcement agencies in commissioning such audits. The article describes the fundamental principles of private theory of forensic tax audit, which did not receive due attention within the scientific literature. The proposed recommendations are aimed at unification of investigative and judicial practices on commissioning and assessment of application of the results of forensic tax audit.  A comprehensive perspective upon the forensic tax audit and its current status is essential for its implementation by investigators, courts or investigating officers in criminal proceedings. The result of this work lies in formulation of recommendations for law enforcement agencies on the peculiarities of tactics used in commissioning forensic tax audit to state and non-state forensic audit institutions relating to peculiarities of preparing the objects of investigation, specificity of questions submitted to resolution by a forensic expert. A list of questions for forensic tax audit is presented.
Keywords: forensic financial and economic investigation, forensic economic investigation, tax accounting, tax investigation, forensic investigation, public finance, economic crimes, Tax crimes, tactics of appointing investigation, objects investigation
References:
Saakov T.A. Sudebnaya avtorovedcheskaya ekspertiza // Zakony Rossii: opyt, analiz, praktika. – 2020. – № 4. – S. 96-103.
Shapiro L.G. Metodicheskie osnovy rassledovaniya prestupnykh ukloneniy ot uplaty nalogov, sborov i (ili) strazovykh vznosov (glava 8) // Rassledovanie prestupleniy v sfere ekonomiki : ucheb. posobie / pod obshch. red. S.Yu. Naumova, A.S. Volkova, V.M. Yurina, L.G. Shapiro. – Saratov : Saratovskiy sotsial'no-ekonomicheskiy institut (filial) REU im. G.V. Plekhanova, 2018. – 312 s.
Timchenko V.A. Ob'ekty sudebno-ekonomicheskoy ekspertizy // Vestnik Nizhegorozhskogo universiteta N.I, Lobachevskogo. – 2020. – № 2. – S. 200-206.
Voronin M.I. Elektronnye dokazatel'stva v UPK: byt' ili ne byt'? // LEX RUSSICA (Russkiy zakon). – 2019. – № 7 (152). – S. 74-84.
Timchenko V.A. Sudebnaya nalogovaya ekspertiza: uchebnoe posobie. Nizhniy Novgorod: Izd-vo Nizhegorodskogo gosuniversiteta, 2018. – 116 s.
Sarygina E.S. Osobennosti naznacheniya sudebnoy finansovo-ekonomicheskoy ekspertizy // Aktual'nye problemy Rossiyskogo pra
Reference:
Bagavieva E.A.. Relevant questions of decisions agreement on receipt of information on connection between subscribers and/or devices // Legal Studies. – 2020. – № 6. – P. 12-20. DOI: 10.25136/2409-7136.2020.6.33186.
DOI: 10.25136/2409-7136.2020.6.33186
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Abstract: This article analyzes the procedural autonomy of an investigator and agreement of investigative work with the head of the investigative branch or prosecutor. The object of this research is the relations forming in the process of decisions agreement on receipt of information on connection between subscribers and/or devices. The author examines the questions of the role of the investigator, head of investigative branch and the prosecutor in this procedure. Analysis was conducted on the legislative and departmental normative legal act regulating the authority of the aforementioned officers, corresponding law enforcement practice, as well as literary sources dedicated to this issue. The research substantiates the conclusion that there is a need for ensuring procedural autonomy of the investigator, including through the means of voiding the need for agreement from the head of the investigative branch or prosecutor to forego filing for court warrant to obtain information. The autonomy of the investigative branches from prosecutor’s office can be ensured by delegation of authority by agreement of procedural decisions that require prosecutor’s approval over to the head of the investigative branch. The question of allowability of circumvention of the right to privacy of phone communication is the subject of consideration of the request to obtain information on connection between subscribers and/or devices by a court.
Keywords: restriction of human rights, investigation group, procedural management, departmental control, information about connection, head of the inquiry body, head of the investigative body, procedural independence, accommodation, personnel problem
References:
Federal'nyy zakon ot 30 dekabrya 2015 g. №440-FZ «O vnesenii izmeneniy v Ugolovno-protsessual'nyy kodeks Rossiyskoy Federatsii v chasti utochneniya polnomochiy nachal'nika organa doznaniya i doznavatelya» [Elektronnyy resurs] // SPS «Konsul'tantPlyus». URL: http://www.consultant.ru/ (data obrashcheniya: 26.05.2020).
Prikaz FSB Rossii ot 28.11.2019 №58 «Ob ob'eme protsessual'nykh polnomochiy» [Elektronnyy resurs] // SPS «Konsul'tantPlyus». URL: http://www.consultant.ru/ (data obrashcheniya: 21.05.2020).
Za potentsial'no zaraznymi kuzbassovtsami budut sledit' cherez sotovye telefony (10.04.2020) [Elektronnyy resurs] // Informatsionnoe agenstvo «Gorod Novostey». URL: https://www.city-n.ru/ (data obrashcheniya: 20.05.2020).
Gavrilov B.Ya. Kakim byt' apparatu vlasti sledstvennoy? // V kn. Apparat vlasti sledstvennoy / pod red. N.A. Kolokolova. – M.: Yurlitinform, 2016. S. 105-124.
Stel'makh V.Yu. Sledstvennye deystviya, napravlennye na poluchenie svedeniy, peredavaemykh po sredstvam svyazi: monografiya. – Ekaterinburg, 2015. 216 s.
Vosko
Reference:
Danilovskaia A.. Criminal law protection of competition in the European Union, Germany, Great Britain and France // Legal Studies. – 2020. – № 6. – P. 21-35. DOI: 10.25136/2409-7136.2020.6.33294.
DOI: 10.25136/2409-7136.2020.6.33294
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Abstract: The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
Keywords: violation of intellectual property rights, anti-competitive behavior, infringements on competition, criminal liability, leniency program, unfair competition, cartel, promotion of competition, crimes against the competition, antimonopoly legislation
References:
Code de commerce (version consolidée au 22 septembre 2018). Dostup s ofitsial'nogo sayta VOIS // URL : https://wipolex.wipo.int/en/text/485951 (data obrashcheniya 17.06.2020).
Denisova A. V. Ugolovno-pravovye aspekty bor'by s monopolizmom v Rossiyskoy Federatsii: dissertatsiya … kand. yurid. nauk. Vladivostok, 2006.
Trade marks Act 1994 // URL : https://www.legislation.gov.uk/ukpga/1994/26/section/92 (data obrashcheniya 5.06.2020)
West E., McGrath P., Henry D., Ross J. Doing business in …2019 : law and practice in UK // URL : https://practiceguides.chambers.com/practice-guides/comparison/416/2892/5812-5814-5819-5825-5831-5839-5844-5851 (data obrashcheniya 5.06.2020).
Giles I., Rogers S. Cartel leniency in the UK (England and Wales): overview // URL : https://uk.practicallaw.thomsonreuters.com/0-501-1833?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1 (data obrashcheniya 21.06.2020).
Quick Guide to Cartels and Leniency for Businesses, July 2013. Dostup s Pravitel'stvennogo veb-sayta Veli
Reference:
Verenich I.V.. Theoretical and applied bases for overcoming obstruction of criminal investigations // Legal Studies. – 2020. – № 6. – P. 36-46. DOI: 10.25136/2409-7136.2020.6.33390.
DOI: 10.25136/2409-7136.2020.6.33390
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Abstract: The subject of this research is the theoretical and practical bases for overcoming obstruction of criminal investigations, criminal phenomenon of obstruction of justice, elements of obstruction, as well as measures for discovering criminal obstruction. The work is aimed at determining the characteristic and innate elements of obstruction of justice, research of the stages, determination of types, tactics and means of this counteraction for putting forth criminalistics versions and investigative planning using the means and methods of overcoming obstruction of investigations. The research methodology of the general scientific methods, including sensory-rational scientific methods (observation, description, comparison, experiment and simulation), logical methods (analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction), mathematical methods (measurement, calculation, geometric construction); methods of criminalistics (forensic identification, fingerprinting, odorology, planning of investigative actions, organization of investigation); and special methods of other sciences, which include physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological and psychological methods. The scientific novelty of this research is defined by the aspect of inquiry into criminal phenomenon of obstruction of justice, overcoming the obstruction, formation of criminalistics doctrine on overcoming obstruction of justice, emergence and establishment of criminalistics doctrine for overcoming obstruction of justice, as well as formation and completion of criminalistics doctrine in its final form as a holistic system of theoretical positions and practical recommendations.
Keywords: forensic doctrine, forensic methods, actions to detect the counteraction, features of counteraction, counteraction to the crimes investigation, concept of overcoming the counteraction, overcoming the counteraction to investigation, subject of forensic doctrine, objects of forensic doctrine, criminalistics
References:
Petukhov B.V., Petukhov R.B. Protivodeystvie rassledovaniyu prestupleniy terroristicheskoy napravlennosti so storony organizovannykh prestupnykh grupp i sposoby ego neytralizatsii. // Sovremennoe obshchestvo i pravo, 2013. № 2(11). S.84-93
Kustov A.M. Protivodeystvie rassledovaniyu prestupleniy – novyy ob'ekt kriminalisticheskikh issledovaniy. // Rassledovanie prestupleniy: problemy i puti ikh resheniya, 2014. № 6. S. 227-232.
Verenich I.V. Teoreticheskie osnovy preodoleniya i neytralizatsii protivodeystviya rassledovaniyu prestupleniy: monografiya.-M.: Yurlitinform, 2018. – 256 s.
Verenich I.V., Kustov A.M. Ispol'zovanie spetsial'nykh znaniy v protsesse rassledovaniya prestupleniy, sovershennykh v sfere stroitel'stva, ekspluatatsii zdaniy i sooruzheniy: monografiya. – M.: Yurlitinform, 2013. – 232 s.
Verenich I.V., Kustov A.M., Proshin V.M. Kriminalisticheskaya teoriya mekhanizma prestupleniya: monografiya.-M.: Yurlitinform, 2014.-640 s.
Reference:
Turkulets V.A.. Sexting with regards to minors: criminal legal and victimological aspect // Legal Studies. – 2020. – № 5. – P. 1-11. DOI: 10.25136/2409-7136.2020.5.33125.
DOI: 10.25136/2409-7136.2020.5.33125
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Abstract: The questions of prevention cybercrimes with regards to minors gain special relevance in the conditions of pandemic, global self-isolation and transition to distance learning. Constant forced usage of Internet resources increases the risk for identification of the potentially dangerous online contacts, as well as likelihood of obtaining access to prohibited or undesired content. The object of this research is the relation of protection of minors from criminal offences of licentious nature committed using the modern communication technologies and networks. The subject of this research is the criminal legislation of the Russian Federation in the area of protection of minors from sexual misconducts committed via information and telecommunication networks. The research methods contain the analysis of current criminal legislation and law enforcement practice of the Russian Federation, review and generalization of theoretical sources on the topic. The scientific novelty consist in examination of peculiarities of qualification of offences pertaining to sexual abuse of minors, committed using the information telecommunication networks. The conclusion is made that due to proliferation of sexting in the information telecommunication networks with regards to children below 12 years of age, it is necessary to exclude from the Article 135 of the Criminal Code of the Russian Federation the minimal age of the victims of sexual abuse, establish an age bracket of those “who have not attained the age of fourteen” in the Part 2 of the Article 135, as well as classify usage of information and telecommunication networks as the means of committing offence.
Keywords: sexual abuse, minors, grooming, sexting, cybercrime, sex crimes, victim, crime, adult, internet
References:
Soldatova, G. Zhestokiy opyt / G. Soldatova, E. Rasskazova, M. Lebesheva // Deti v informatsionnom obshchestve. – 2012. – № 12. – S. 26-35.
Mamedyarov, A.A. Razvratnye deystviya s ispol'zovaniem seti internet / A.A. Mamedyarov // Colloquium-journal. – 2019. – № 8-9 (32). – S. 51-52.
Zazirnaya, M.M. Prestupleniya v sfere oborota pornograficheskikh materialov i predmetov : monografiya / M.M. Zazirnaya. – Moskva : YuRLITINFORM, 2017. – 160 s. – ISBN 978-5-4396-1482-0.
O sudebnoy praktike po delam o prestupleniyakh protiv polovoy neprikosnovennosti i polovoy svobody lichnosti : [Postanovlenie Plenuma Verkhovnogo Suda Rossiyskoy Federatsii № 16 ot 04 dekabrya 2014 goda]. – Spravochno-pravovaya sistema «Konsul'tant Plyus» : Versiya Prof. – Tekst : elektronnyy. – URL: http://www.consultant.ru/document/cons_doc_LAW_ 171782/ (data obrashcheniya: 20.05.2020).
Mediascope rasshirila izmereniya mobil'nogo interneta do vsey Rossii [Elektronnyy resurs]. – URL: https://mediascope.net/news/1067271/ (data obrashcheniya 20.04.2020).
Wolak, J. Inter
Reference:
Komarov A.A.. Research on the question of determination of the total number of fraud victims committed via Internet // Legal Studies. – 2020. – № 4. – P. 29-45. DOI: 10.25136/2409-7136.2020.4.32627.
DOI: 10.25136/2409-7136.2020.4.32627
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Abstract: The object of this research is the statistical aggregate of people who by objective (external) reasons are prone to become the victims of fraud within the Russian segment of the global computer network. The subject of this research is the quantitative aspect of the aforementioned phenomenon. Special attention is given to the search of effective methods for determination of quantitative aspects of victimization. The goal consists in most accurate assessment of the total number of the potential victims of fraud committed via Internet. The main results of this work contain the most accurate among previously existed in criminology numbers of: potential victims of fraud in the Internet (the author specifies the number of users of the Russian segment of Internet aged from 6 to 80), persons out of 24-hour Internet audience of criminogenic age; and a number of statistical indicators of victimization. All of the listed above can assist proper organization of research carried out by scholars dealing with the problems of cybercrimes.
Keywords: fraud, computer crime, victim, survey, statistics, victimisation, vulnerability, Criminology, Internet, Russian criminology
References:
Ob'em uslug v sfere telekommunikatsiy (po dannym Minkomsvyazi) / Federal'naya sluzhba gosudarstvennoy statistiki (ofits. sayt) URL: http://www.gks.ru/bgd/regl/b20_01/isswww.exe/stg/d02/2-1-8.doc
Edinyy reestr sub'ektov malogo i srednego predprinimatel'stva / Federal'naya nalogovaya sluzhba (ofits. sayt) URL: https://rmsp.nalog.ru/
Vitrina statisticheskikh dannykh: chislennost' postoyannogo naseleniya na 1 yanvarya / Federal'naya sluzhba gosudarstvennoy statistiki (ofits. sayt) URL: https://showdata.gks.ru/report/278928/
Interaktivnye statisticheskie servisy / Federal'naya sluzhba gosudarstvennoy statistiki (ofits. sayt) URL: https://www.gks.ru/vpp
Ezhenedel'nyy opros «FOMnibus» 17–18 avgusta 2019 g. / Fond obshchestvennogo mneniya (ofits. sayt) URL: https://fom.ru/SMI-i-internet/14258
Baza rezul'tatov oprosov rossiyan «Sputnik» / VTsIOM (ofits. sayt) URL: http://wciom.ru/news/ratings/polzovanie_internetom/
Dinamika pol'zovaniya internetom (dannye oprosa 21-27 noyabrya 2019 g.) / Levada-Tsentr (ofits. sayt) URL: https://www.levad
Reference:
Vinner E.R.. Criminal liability for unlawful operations with securities // Legal Studies. – 2020. – № 4. – P. 1-10. DOI: 10.25136/2409-7136.2020.4.32658.
DOI: 10.25136/2409-7136.2020.4.32658
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Abstract: The subject of this research is differentiation by key aspects of criminal liability for unlawful operations with securities established by the Criminal Code of the Russian Federation. Conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities are highlighted. Research is conducted on the problematic of the applicability of proposed differentiation for improvements of doctrinal and normative legal approaches towards regulation of criminal liability for unlawful operations with securities. Based on the conducted differentiation, proposals are made for promising vectors of improvements to the provisions criminalizing unlawful operations with securities. The scientific novelty of this research consists in the following: based on the study carried out within the framework of conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities, the author determines the problems pertaining to incompliance of administrative legal and criminal legal regulation of liability for unlawful operations with securities due to textual ambiguity of the norm of criminal law, based on which the recommendation is made to amend Part 1 of the Article 185.1 of the Criminal Code of the Russian Federation.
Keywords: conceptual aspects, illegal operations, securities market, special legal aspects, legal protection, criminal liability, technical and legal aspects, stock market, issue of securities, securities
References:
"Kodeks Rossiyskoy Federatsii ob administrativnykh pravonarusheniyakh" ot 30.12.2001 N 195-FZ (red. ot 01.03.2020). // "Sobranie zakonodatel'stva RF", 07.01.2002, N 1 (ch. 1), st. 1.
"Ugolovnyy kodeks Rossiyskoy Federatsii" ot 13.06.1996 N 63-FZ (red. ot 18.02.2020). // "Sobranie zakonodatel'stva RF", 17.06.1996, N 25, st. 2954.
Opredelenie Konstitutsionnogo Suda RF ot 24.03.2015 N 730-O "Ob otkaze v prinyatii k rassmotreniyu zhaloby grazhdanina Migunova Sergeya Yur'evicha na narushenie ego konstitutsionnykh prav chast'yu pervoy stat'i 170.1 Ugolovnogo kodeksa Rossiyskoy Federatsii". // http://www.consultant.ru/document/cons_doc_LAW_178789/#dst100014
Galkina V.I. Prestupleniya v sfere emissii i obrashcheniya tsennykh bumag: ugolovno-pravovye aspekty: diss. …k.yu.n.-RnD., 2009.-206 s.
Mikhalenko Yu.V. Pravovye osnovy i mekhanizmy protivodeystviya zloupotrebleniyam na rynke tsennykh bumag v ES: diss. …k.yu.n. – M., 2019. – 211 s.
Ryabova A.Yu. Prestupleniya, sovershaemye na rynke tsennykh bumag: sotsial'naya obuslovlennost', zakonodatel'naya
Reference:
Yurishina E.. Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research) // Legal Studies. – 2020. – № 4. – P. 46-61. DOI: 10.25136/2409-7136.2020.4.32723.
DOI: 10.25136/2409-7136.2020.4.32723
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Abstract:  
This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.
 
Keywords: general sentencing sources, judicial discretion, comparative criminal law, individualization of punishment, formalization of punishment, spanish criminal law, sentencing, punishment, penal reasoning, decision making
References:
Dyad'kin D. S. Teoreticheskie osnovy naznacheniya ugolovnogo nakazaniya: algoritmicheskiy podkhod. SPb.: Izdatel'stvo R. Aslanova «Yuridicheskiy tsentr Press», 2006. 508 s.
Armenta Deu T. Lecciones de derecho procesal penal. 7a. edición. Madrid: Marcial Pons, 2013. 361 p.
Barabash A.S. Osnovnoy, dopolnitel'nye i vspomogatel'nye protsessy dokazyvaniya v stadiyakh predvaritel'nogo rassledovaniya i sudebnogo razbiratel'stva. M.: Yurlitiform, 2017. 268 s.
Konyakhin V. P., Poltavets V. V. Institut naznacheniya nakazaniya: ponyatie i strukturno-funktsional'nyy analiz // Rossiyskiy sledovatel'. 2016. №14. C. 14-18.
Dyad'kin D. S., Teoretiko-metodologicheskie osnovy naznacheniya ugolovnye nakazani: avtoref. dis. ... d-r. yurid. nauk: 12.00.08. M., 2009. 46 s.
Voronin V. N. Printsip individualizatsii nakazaniya v ego prakticheskom prelomlenii // Sud'ya. 2016. №6. S. 41-44.
Bazhanov M. I. Naznachenie nakazanie po sovetskomu ugolovnomu pravu. Naznachenie nakazaniya po sovetskomu ugolovnomu pravu. Kiev: Vishcha shkola. Golovnoe izd-vo, 1980
Reference:
Suponina E.A., Dolgikh I.P.. Petty crime: quo vadis? // Legal Studies. – 2020. – № 2. – P. 20-29. DOI: 10.25136/2409-7136.2020.2.31812.
DOI: 10.25136/2409-7136.2020.2.31812
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Abstract: The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.
Keywords: insult, public place, administrative punishment, legal technique, foul language, petty hooliganism, administrative offence, hooligan motive, disrespect for power, public order
References:
Rekomendatsii po primeneniyu Federal'nogo zakona ot 5 aprelya 2013 goda №34-FZ «O vnesenii izmeneniy v stat'yu 4 Zakona Rossiyskoy Federatsii «O sredstvakh massovoy informatsii» i stat'yu 13.21 Kodeksa Rossiyskoy Federatsii ob administrativnykh pravonarusheniyakh / [Elektronnyy resurs] – Rezhim dostupa.-URL: https://82.rkn.gov.ru/directions/p15378/p15381/ (data obrashcheniya: 21.12.2019).
Smolyakov A.I. Problemnye voprosy kvalifikatsii melkogo khuliganstva // Nauchnyy vestnik Orlovskogo yuridicheskogo instituta MVD Rossii imeni V.V. Luk'yanova. 2018. №1(74). S. 80-83.
Federal'nyy zakon ot 18.03.2019 №28-FZ «O vnesenii izmeneniy v Kodeks Rossiyskoy Federatsii ob administrativnykh pravonarusheniyakh» // Sobranie zakonodatel'stva RF, 25.03.2019, №12, st. 1218.
MVD ob'yasnilo, za chto nuzhno nakazyvat' za neuvazhenie k vlasti. Kommersant. 18.07.2019 / [Elektronnyy resurs] – Rezhim dostupa.-URL: https://www.kommersant.ru/doc/4034023 (data obrashcheniya: 21.12.2019).
Kaplunov A.I. O priznakakh melkogo khuliganstva kak administrativnogo pravona
Reference:
Danilovskaia A.. Criminal-legal protection of competition in the United States // Legal Studies. – 2020. – № 2. – P. 30-43. DOI: 10.25136/2409-7136.2020.2.32254.
DOI: 10.25136/2409-7136.2020.2.32254
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Abstract: The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
Keywords: leniency program, protection of competition, monopoly, monopolization, unfair competition, cartel, Criminal liability, antitrust offence, international competition cooperation, per se
References:
Individual Accountability for Antitrust Crimes : Deputy Assistant Attorney General Brent Snyder Delivers Remarks at the Yale Global Antitrust Enforcement Conference. Dostup s ofitsial'nogo sayta Ministerstva yustitsii SShA // URL : https://www.justice.gov/opa/speech/deputy-assistant-attorney-general-brent-snyder-delivers-remarks-yale-global-antitrust (data obrashcheniya 28.02.2020).
Global Forum on Competition : sanctions in antitrust cases. DAF/COMP/GF(2016)6. P. 31-32. Dostup s ofitsial'nogo sayta OESR // URL : https://one.oecd.org/document/DAF/COMP/GF(2016)6/en/pdf (data obrashcheniya 7.08.2019).
Federal Trade Commission Act. Dostup s ofitsial'nogo sayta Federal'noy torgovoy komissii SShA // URL : https://www.ftc.gov/sites/default/files/documents/statutes/federal-trade-commission-act/ftc_act_incorporatingus_safe_web_act.pdf (data obrashcheniya 20.11.2019).
Emerson J.W., Robert W. Business law / Robert W/ Emerson, John W/ Hardwicke.-3rd ed. 1997. 470 p.
Economic espionage act. Dostup s ofitsial'nogo sayta Pravitel
Reference:
Titov S.N.. The Object of the Crime and the Object of Criminal-Legal Protection in the Field of Intellectual Property // Legal Studies. – 2019. – № 12. – P. 12-25. DOI: 10.25136/2409-7136.2019.12.31836.
DOI: 10.25136/2409-7136.2019.12.31836
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Abstract: This article is devoted to the analysis of the object of the crime and the object of criminal-legal protection in the field of intellectual property. The author of the article sets a goal to define the relationship between these terms and their contents. Titov concludes that these terms are based on the same values but describe different functions. In relation to a criminal these values act as the object of the crime and in relation to the state they act as the object of criminal-legal protection. The author applies the methods of grammatical analysis, systemic-structural analysis and others. Certain provisions are enforced with cases from judicial practice. Titov concludes that out of all elements of social relations that arise in the process of protection of intellectual property, a criminal harms only a rightholder. The latter is seen as the object of the crime. A socially dangerous action is aimed at the following values possessed by a right holder: firstly, authorship is an intangible benefit that connects an individual and results of his or her intellectual activity; secondly, exclusive right is the right of a rightholder to use scientific, literary or artistic work including computer software and data base, trademarks, TV and radio broadcasting, schemes, models, microschemes, trade secrets, etc. The article has been written and published as part of the university program of Ulyanovsk State Pedagogical University. 
Keywords: socially dangerous act, crime, social relation, criminal law, object of criminal-legal protection, the object of the crime, intellectual property, intellectual property infringement, intellectual piracy, intellectual property protection
References:
Smith G. Valuation of Tredemark. John Willey & Sons, Inc. Valuation. 1997.
Kozlov A.P. Ponyatie prestupleniya. SPb: Izdatel'stvo «Yuridicheski tsentr Press», 2004. 819 s.
D Scanning at the Smithsonian // URL: https://www.si.edu/sisearch/search-all?edan_q=3d (data obrashcheniya: 18.09.2018).
Océ 3-D Fine Art Reproductions // URL: https://www.youtube.com/watch?time_continue=18&v=EXRt64HEBrk (data obrashcheniya: 18.09.2018).
Rassel B. Istoriya zapadnoy filosofii: V 3 kn. Kn. 1. SPb.: Azbuka, 2001. 832 s.
Pavlova E.A. Avtorskoe pravo na proizvedeniya izobrazitel'nogo iskusstva: dis. ... kand. yurid. nauk. M., 1984. 203 s.
Vitko V.O. ponyatii originala proizvedeniya // Intellektual'naya sobstvennost'. Avtorskoe pravo i smezhnye prava. 2018. N 2. S. 21–32; № 3. S. 5–14.
Gavrilov E., Gavrilov K. Dogovory zakaza na sozdanie avtorskikh proizvedeniy // Khozyaystvo i pravo. 2013. N 3 (dostup iz SPS Konsul'tantPlyus).
Titov S.N. Ugolovno-pravovoe obespechenie intellektual'noy sobstvennosti: monografiya. Ul'yanovsk: UlG
Reference:
Verenich I.V.. Criminalistic Studies about Overcoming the Counteraction to the Crimes of Investigation // Legal Studies. – 2019. – № 11. – P. 40-45. DOI: 10.25136/2409-7136.2019.11.31368.
DOI: 10.25136/2409-7136.2019.11.31368
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Abstract: The subject of the research is the mechanism of overcoming the counteraction to the crimes of investigation and mechanism of marking formation, patterns of overcoming the counteraction to the crimes of investigation, their technological and criminalistic support, tactical and criminalistic support, methodological and criminalistic support of activities performed by law enforcement agencies and court. This is the first research to create a criminalistic teaching about overcoming the counteraction to the crimes of investigation and to develop an integral concept of such study as a combination of interrelated ideas and concepts. The methodology of the research includes general research methods (observation, description, comparison, experiment and modelling as sense-based research methods, analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction as logical research methods, measurement, calculation and geometrical construction as mathematical methods). The author has also used special criminalistics methods (criminalistic identification, dactyloscopy, odorology, planning of investigative activities and organisation of investigation) as well as special methods from other branches of science such as physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological methods and psychological methods. The scientific novelty of the research is caused by the fact that the author offers a new branch of criminalistics, criminalistic teaching about overcoming the counteraction to the crimes of investigation and development of the integral concept thereof based on rules and patterns of criminal procedure. 
Keywords: special knowledge, mechanism of crime, mechanism of counteraction, object of criminalistics, subject of criminalistics, forensic information, counteraction to the crimes investigation, overcoming the counteraction, counteraction, criminalistics
References:
Tishutina I.V. Protivodeystvie rassledovaniyu organizovannoy prestupnoy deyatel'nosti: teoriya i praktika vyyavleniya i preodoleniya. M.: Yurlitinform, 2012. – 352 s.
Karagodin V.N., Preodolenie protivodeystviya predvaritel'nomu rassledovaniyu / V. N. Karagodin.-Sverdlovsk: Izd-vo Ural. un-ta, 1992. – 175 s.
Belkin R.S. Kurs kriminalistiki. Uchebnoe posobie. M.: Norma, 2001. – 990 s.
Verenich I.V. Teoreticheskie osnovy preodoleniya i neytralizatsii protivodeystviya rassledovaniyu prestupleniy. M.: Yurlitinform, 2018. – 256 s.
Belkin R.S. Kurs kriminalistiki. V 3-kh tomakh. M.: Akademiya MVD SSSR, 1978-1981 gg.
Babaeva E.U. Problemy teorii i praktiki preodoleniya protivodeystviya ugolovnomu presledovaniyu, M.: Yurlitinform, 2010 – 312s.
Aver'yanova T.A., Belkin R.S., Korkhov Yu.G, Rossinskaya E.R. Kriminalistika. Uchebnik dlya vuzov. Moskva, 2000 – 990 s.
Kustov A.M. Problemnye voprosy predmeta i ob'ektov kriminalistiki (v pamyat' professora R.S. Belkina) // Trudy Akademii upravleniya MVD Rossii. 2017. № 3(43). S.14-17.
Reference:
Gudkov A.P.. Fraud Object in the Sphere of Public Procurement // Legal Studies. – 2019. – № 11. – P. 46-52. DOI: 10.25136/2409-7136.2019.11.31611.
DOI: 10.25136/2409-7136.2019.11.31611
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Abstract: The subject of the research is the fraud object in the sphere of state and municipal (public) procurement. The aforesaid kind of fraud is not specially stated by the Russian Federation criminal law. Meanwhile, there is a great number of thefts committed in the sphere of public procurement and resulting in the loss of many millions from the budgets at different levels. For successful counteraction of such crimes, it is necessary, first of all, to define the object of aforesaid fraud and to describe specific features thereof. Another debatable issue of legal science is the question about the general object of crime. In his article Gudkov analyzes views of theorists and sources of criminal law in different historical periods as well as judicial practice in defining the object of crime including fraud and specific features of the sphere of public procurement. The main conclusions of the research are the following: - general, generic and specific fraud objects in public procurement and the main component elements of fraid are the same; - the main indirect fraud object in public procurement is the social relations that ensure inviolability of state and municipal property; - additional indirect fraud object in procurement is the social relations that ensure efficiency and good performance of the contract system in the sphere of procurement of goods, works and services for state and municipal needs. 
Keywords: economics, object, competition, budget system, public relations, property rights, public procurement, fraud, theft, public needs
References:
Ulozhenie o nakazaniyakh ugolovnykh i ispravitel'nykh. Spb., 1845. 898 s.
Uchebnik ugolovnogo prava. T. 1 / Spasovich V.-S.-Pb.: Tip. I. Ogrizko, 1863.-438 c.
Russkoe ugolovnoe pravo: Chast' obshchaya. Lektsii. T. 1 / Tagantsev N.S..-2-e izd., peresmotr. i dop.-S.-Pb.: Gos. Tip., 1902.-823 c.
Kurs sovetskogo ugolovnogo prava. Chast' obshchaya. T. 2 / Otv. red.: Belyaev N.A., Shargorodskiy M.D.-L.: Izd-vo Leningr. un-ta, 1970.-672 c.
Rossiyskoe ugolovnoe pravo: Obshchaya chast'. Kurs lektsiy: V 2-kh tomakh. T. 1 / Naumov A.V..-3-e izd., pererab. i dop.-M.: Yurid. lit., 2004.-496 c.
Anisimov V.F., Baus'kov D.G., Aliev M.M. Ob ob'ekte i predmete khishcheniya // Vestnik Sankt-Peterburgskogo universiteta MVD Rossii. 2006. № 3 (31).
Ob'ekt prestupleniya: uchebnoe posobie / A.N. Popov, L.S. Aistova.-Sankt-Peterburg: Sankt-Peterburgskiy yuridicheskiy institut (filial) Akademii General'noy prokuratury Rossiyskoy Federatsii, 2014.-40 s.
Tolkovyy slovar' russkogo yazyka: 80000 slov i frazeologicheskikh vyrazheniy / S.I. Ozhegov i N.Yu. Shvedova;
Reference:
Koryakina Z.I.. Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure // Legal Studies. – 2019. – № 10. – P. 59-72. DOI: 10.25136/2409-7136.2019.10.30926.
DOI: 10.25136/2409-7136.2019.10.30926
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Abstract: In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense. 
Keywords: preliminary investigation, right, security, accused, suspect, minor, Criminal process, investigator, defender, to defense
References:
Sklizkov A. N. Vzaimodeystvie storon ugolovnogo sudoproizvodstva na stadii predvaritel'nogo rassledovaniya // Advokatskaya praktika. 2007. №3. S.21 – 25.
Khalikov A. N. Voprosy soblyudeniya prav i svobod cheloveka v deyatel'nosti sledovatelya / Problemy pravovoy zashchity obshchechelovecheskikh tsennostey v sovremennoy Rossii. Materialy konferentsii / pod red. Enikeeva Z. D. Ufa: Bashgu, 2005. Chast' 3. S.242 – 248.
Seroshtan V. V. Tendentsii sovershenstvovaniya zakonodatel'stva v oblasti obespecheniya prav v ugolovnom protsesse nesovershennoletnikh lits // Zakon i pravo. 2009. №2. S.15-16.
Usarov M. I. Pravo na zhalobu kak printsip ugolovnogo protsessa i sredstvo zashchity prav nesovershennoletnikh obvinyaemykh i poterpevshikh v stadii predvaritel'nogo rassledovaniya: Diss. .... kand. yurid. nauk. – M., 2004. – 178 s.
Ugolovnoe delo №1-561/10 // Arkhiv Yakutskogo gorodskogo suda Respubliki Sakha (Yakutiya).
Shadrin V. S. Obespechenie prav lichnosti pri rassledovanii prestupleniy. M., 2000. S.43-44.
Ugolovnoe delo №1-1231/08 // Arkhiv Yakutskogo
Reference:
Trubin E.M., Golubev S.I.. Points at Issue With the Definition of Forgery (the Case Study of Article 326 of the Criminal Code of the Russian Federation) // Legal Studies. – 2019. – № 10. – P. 1-17. DOI: 10.25136/2409-7136.2019.10.31191.
DOI: 10.25136/2409-7136.2019.10.31191
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Abstract: The object of the research is the definition of forgery as it is used by the legislation, in particular, in Article 326 of the Criminal Code of the Russian Federation. The authors see the following problems: no legal definition, no single point of view in the doctrine of criminal law and incoordinations with other terms used in law. The wording 'forgery or counterfeiting state registration sign' used in Article 326 of the Criminal Code of the Russian Federation makes the situation even more complicated. Thus, the subject of this research is different doctrinal interpretations of the term 'forgery' and judicial practice. The methodological framework of the research covers such methods as analysis and synthesis, comparative law analysis, system-structured and formal law approaches, theoretical prognistic method and interpretation of legal provisions. The novelty of the research is caused by the fact that the author offer their own definition of the term 'forgery' and concludes that forgery and forgery documents/items are compatible and intersecting terms. The authors also conclude what criteria of truth and authenticity can be used to describe items/documents as forgery-counterfeiting, forgery but not counterfeiting and counterfeiting but not forgery. They also make recommendations on what amendments should be made in the applicable law. 
Keywords: vehicle, VIN, vechicle number plate, forgery documents, counterfeiting, forgery, objective side, public order, authenticity, reliability
References:
Yuridicheskiy entsiklopedicheskiy slovar' / gl. red. A. Ya. Sukharev. — 2 e izd., — Moskva : Sovetskaya entsiklopediya, 1987. — 528 s.
Yuridicheskiy slovar' / gl. red. S. N. Bratus', N. D. Kazantsev, S. F. Kechek'yan i dr. — Moskva : Izd-vo yurid. lit., 1953. — 784 s.
Shchigolev Yu. V. Kvalifikatsiya podlogov dokumentov po rossiyskomu ugolovnomu pravu: dis. ... kand. yurid. nauk : 12.00.08. — M., 1998. — 219 s.
Chashchina L. G. Podlog kak priznak ob'ektivnoy storony sostava prestupleniya: dis. ... kand. yurid. nauk : 12.00.08. — M., 1999. — 165 s.
Chuchaev A. I., Plotnikov A. I. Ponyatiya v ugolovnom prave // Vestnik Vladimirskogo yuridicheskogo instituta. — 2007. — № 2(3). — S. 313—320.
Shcherbakov V. A. Prestupleniya protiv poryadka upravleniya: nauchno-prakticheskiy kommentariy k glave 32 UK RF. — M.: «Yurlitinform», 2011. — 168 s.
Filippov P. A. Prestupleniya protiv poryadka upravleniya: zakon, teoriya, praktika. — Moskva : Zertsalo-M, 2017. — 512 s.
Federal'nyy zakon ot 25.07.2002 № 115-FZ (red. ot 26.07.2019) «O pravovom polozheni
Reference:
Lopatin D.A.. On the Question about Ending of Theft of Oil From an Oil Pipeline // Legal Studies. – 2019. – № 9. – P. 10-16. DOI: 10.25136/2409-7136.2019.9.29593.
DOI: 10.25136/2409-7136.2019.9.29593
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Abstract: The matter under research is the criminal responsibility and classification of crime resulting from illegal tie-in with oil or oil products pipelines. The main issue covered by the author is the provisions of criminal law that relate these actions to complete or incomplete delicti. Lopatin focuses on the results of investigatory and judicial classification of thefts under different circumstances of criminal activity commitment including when an individual does not manage to accomplish his or her intent. The methodological procedures include general and special research methods such as analysis, induction, deduction, comparison, formal law and formal logic methods. Based on the analysis of applicable legislation, judicial law enforcement practice, statistical data and points of view of other researchers, the author of the article examines what complicates the effect of criminal law provisions on volators and implementation of preventive measures. The results of the research demonstrate significant contradictions in provisions that regulate criminal responsibility measures for similar violations committed under identical circumstances. Lopatin also suggests solutions regarding how to classify these actions compared to others, formal delicti that are regulated by most recent legal acts. 
Keywords: oil transportation, criminal oil business, delicti, oil pipeline, tie-in, oil, theft, oil products pipeline, qualification of a crime, conditional punishment
References:
Isargakova E.V. Nesanktsionirovannye otbory uglevodorodnogo syr'ya v sisteme magistral'nykh truboprovodov // Teoriya i praktika vysokikh tekhnologiy v promyshlennosti. Ufa. 2017. S. 51-55.
Mishurina O. V. Vrezki v truboprovody: gosudarstvo platit za vorov //Delovoy zhurnal Topneftegaz ot 15.03.2018. S. 21.
Repetskaya A.L. Rossiyskaya organizovannaya prestupnost' v epokhuglobalizatsii: sostoyanie, struktura, osnovnye tendentsii razvitiya // Kriminologicheskiy zhurnal BGUEP. 2010. №1. S. 54-61.
Tiratsu D. Khishchenie nefteproduktov iz truboprovodov stran Evropy // Nauka i tekhnologii truboprovodnogo transporta nefti i nefteproduktov. 2017. № 7(3). S. 113-118.
Rushaylo V.B. Vystuplenie na zasedanii ekspertnogo soveta PAO «Transneft'» po voprosam obespecheniya bezopasnosti (g. Moskva).[Elektronnyy resurs]. http://www.transneft.ru/pressroom/es-b-2 (dataobrashcheniya: 18.02.2019).
Postanovlenie Plenuma Verkhovnogo Suda RF ot 27.12.2002 N 29 (red. ot 16.05.2017) «O sudebnoy praktike po delam o krazhe, grabezhe i razboe» //Informatsionn
Reference:
Mironchik A.S., Susloparov A.V.. Electronic Theft as a Kind of Computer Crime: Problems that Arise During Differentiation and Qualification of This Kind of Crime // Legal Studies. – 2019. – № 9. – P. 17-30. DOI: 10.25136/2409-7136.2019.9.30745.
DOI: 10.25136/2409-7136.2019.9.30745
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Abstract: The article is devoted to the legal provisions that set forth liability for theft committed with the use of electronic means of payment. Considering problems that arise in the process of differentiation of such crime under Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation, the authors pay special attention to the analysis of features of this crime as a kind of computer crime. The authors focus on criminalization of theft of non-cash or electronic money using cards as it is presented by the foreign legislation (in particular, criminal law of Germany). The researchers have applied such methods as dialetical materialistic, formal law, comparative law, structured systems, criminological and linguistic analysis as well as general research methods (analysis, synthesis, induction and deduction). At the end of the research the author concludes that crimes described by Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation should be recognized as computer crimes. Based on the analysis, the researchers give recommendations on how to classify theft of electronic or non-cash money committed with the use of electronic means of payment. 
Keywords: electronic money, non-cash money, computer information, electronic environment, electronic means of payment, theft, computer crime, fraud, the distinction between crimes, qualification of crimes
References:
Susloparov A.V. Komp'yuternye prestupleniya kak raznovidnost' prestupleniy informatsionnogo kharaktera: dis. … kand. yurid. nauk. Krasnoyarsk, 2010. S. 121.
Sharapov R.D. Khishchenie beznalichnykh i elektronnykh denezhnykh sredstv: voprosy kvalifikatsii // sbornik statey po materialam VI Mezhdunarodnoy nauchno-prakticheskoy konferentsii Severo-Zapadnyy filial FGBOUVO «Rossiyskiy gosudarstvennyy universitet pravosudiya»// https://elibrary.ru/item.asp?id=37273864
What is Online Grooming? [Elektronnyy resurs]. – Dostupno iz URL: http://www.netalert.net.au/01578-What-is-Online-Grooming.asp [Data obrashcheniya: 25.04.2007].
Susloparov A.V. Komp'yuternye prestupleniya kak raznovidnost' prestupleniy informatsionnogo kharaktera: dis. … kand. yurid. nauk. Krasnoyarsk, 2010. S. 119-121.
Tropina T.L. Kiberprestupnost': ponyatie, sostoyanie, ugolovno-pravovye mery bor'by: dis. … kand. yurid. nauk: Vladivostok, 2005. S. 44.
Konventsiya o kiberprestupnosti //htpp^//www.coe.int/en/web/conventions/full-list/-/conventions/rms/0900001680081580
Reference:
Malikov S.V.. Legal and Actual Ending of Crime // Legal Studies. – 2019. – № 8. – P. 1-7. DOI: 10.25136/2409-7136.2019.8.30573.
DOI: 10.25136/2409-7136.2019.8.30573
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Abstract: The matter under research is debating issues arising in the process of constructing corpus delicti depending on the moment of ending of crime. Malikov suggests to apply the approach that distinguishes between legal and actual ending of crime, especially when it comes to continuing or lasting crimes. Malikov analyzes the opportunity of creating legal rules that would establish different endings of crime such as administrative punishment or administrative prejudgement, record of convictions for similar crimes, sytematicity and duplicity of crime that is not covered by the administrative prejudgement concept. The overall methodological base of the research involves dialectical and historical categories. In addition, the author also uses methods of special sciences such as system-structural, formal-logical methods, deduction and induction, analysis and synthesis and direct observation. The scientific novelty of the research is caused by the author's complex evaluation of whether it is practically possible to distinguish between actual and legal endings of crimes that have a long duration as well as to fix such difference at the legislative level. The main practical use thereof would be accurate calculation of limitation period. For this purpose, the author offers a new version of Article 29 of the Criminal Code of the Russian Federation. 
Keywords: actual ending of crime, the end of crime, terms of limitation, continuing crime, lasting crime, uncompleted crime, completed crime, legal ending of crime, time, terms
References:
Obzor sudebnoy praktiki Verkhovnogo Suda Rossiyskoy Federatsii. 2018. № 2. (utv. Prezidiumom Verkhovnogo Suda RF 4 iyulya 2018 g.) // SPS «Konsul'tantPlyus».
Kurs sovetskogo ugolovnogo prava. Chast' Obshchaya. V 5 t. T. 2 / otv. red. N.A. Belyaev, M.D. Shargorodskiy. L., 1970. S. 392.
Gertsenzon A.A. Ugolovnoe pravo. M., 1948. S. 440.
Poznyshev S.V. Osnovnye nachala nauki ugolovnogo prava. M., 1912. S. 638.
Tagantsev N.S. Russkoe ugolovnoe pravo. V 2 t. T. 1. Tula, 2001. S. 368.
Filimonov V.D. Norma ugolovnogo prava. SPb., 2004. S. 95-96.
Zemlyukov S.V. Ugolovno-pravovye problemy prestupnogo vreda. Novosibirsk, 1991. 241 s.
Plenum VS rastyanul srok davnosti po nalogovym prestupleniyam [Elektronnyy resurs]. URL: https://pravo.ru/story/212138/?mail (data obrashcheniya: 08.06.2019).
Otvety na voprosy, postupivshie iz sudov, po primeneniyu Federal'nykh zakonov ot 7 marta 2011 g. № 26-FZ «O vnesenii izmeneniy v Ugolovnyy kodeks Rossiyskoy Federatsii» i ot 7 dekabrya 2011 g. № 420-FZ «O vnesenii izmeneniy v Ugolovnyy
Reference:
Ksendzov Y.. Finding the Best Procedure for Resolution of Private Prosecution Cases // Legal Studies. – 2019. – № 7. – P. 44-57. DOI: 10.25136/2409-7136.2019.7.30321.
DOI: 10.25136/2409-7136.2019.7.30321
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Abstract: The object of the research is the social relations arising in the process of criminal proceedings of private prosecution cases in the Russian criminal law. The subject of the research is the provisions of formerly effective Criminal Code of the RSFSR, currently effective Criminal Code of the Russian Federation and criminal procedure legislation of a number of foreign states. Based on the analysis of judicial practice, statistical data and other researches, the author of the article analyzes the procedure for legal investigation of private prosecution cases set forth by the Criminal Code of the Russian Federation, drawbacks and problems that arise in the process of resolution of such cases. In the research the author has used such methods as generalisation, observation, analogy, comparative law and historical law analysis. The main conclusion of the research is that the best practice in resolutino of private prosecution cases would be commissioning of a mandatory pre-trial investigatino stage. Compliance with a reasonable and well-balanced combination of private and public interests implies providing the private prosecutor with the right to continue criminal proceedings in the court including cases when the public prosecutor waives of prosecution. 
Keywords: court., Body of inquiry, accused,, preliminary investigation bodies, victim, private Prosecutor, cases of private prosecution, criminal prosecution, Protocol form, rights of the private Prosecutor
References:
Kalinovskiy K. B. Rayonnomu sudu – rassmatrivat' dela chastnogo obvineniya po analogii // Ugolovnyy protsess. – 2019.-№ 3. – s. 9.
Ivantsova V. V. Vo skol'ko obkhodyatsya nalogoplatel'shchiku dela chastnogo obvineniya? // Mirovoy sud'ya. – 2015.-№ 6.-s. 17-19.
Doroshkov V. V., Patov N. A. Osobennosti ugolovnogo sudoproizvodstva u mirovogo sud'i // Mirovoy sud'ya. – 2004.-№ 3.-s. 22-28.
Zubenko E. V. Otdel'nye voprosy taktiki deystviy mirovogo sud'i pri postuplenii k nemu zayavleniya po st. 116.1 UK RF // Mirovoy sud'ya.-2018.-№ 7.-S. 14-17.
Guberman O. V. Ugolovnoe sudoproizvodstvo u mirovogo sud'i po delam chastnogo obvineniya: proshloe i sovremennost'. [Tekst]: Monografiya / O. V. Guberman. – Kirov: Kirovskiy filial Akademii FSIN Rossii, 2010. – 164 s.
Vinogradova E. V. Konstitutsionnye garantii protsessual'nykh vozmozhnostey poterpevshego v delakh chastnogo obvineniya // Zakon i pravo. – 2019.-№ 1. – s. 33-37.
Golubov I. I. Nekotorye voprosy ekonomicheskoy i pravovoy neeffektivnosti chastnogo obvineniya // Ugolovnoe sudo
Reference:
Ershova K.A.. Questions about Applying Administrative and Criminal Responsibility for Atmospheric Air Pollution (the Case Study of the Sverdlov Region) // Legal Studies. – 2019. – № 7. – P. 58-67. DOI: 10.25136/2409-7136.2019.7.30498.
DOI: 10.25136/2409-7136.2019.7.30498
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Abstract: The article is devoted to legal responsibility for committment of environmental crimes including atmospheric air pollution. Ershova also touches upon unsolved issues of criminal capacity of a legal entity. Solutions of these issues have a direct impact on efficiency of environmental crime prevention. Thus, the object of this research is the administrative and criminal law provisions that impose responsibility for atmpospheric air pollution. In her research Ershova analyzes judicial practice in resolving cases about air pollution and examines associated administrative and criminal law decisions. The researcher underlines the heterogeneity of judicial practice in different parts of Russia. In the course of her research Ershova has applied general research methods such as analysis, systematization and extrapolation as well as special research methods. The novelty of the research is caused by the fact that the author analyzes inter-industry relations associated with protection of atmospheric air taking into account regional specific features. Ershova describes what causes difficulty bringing individuals guilty in atmpospheric air pollution to criminal responsibility. She proves that currently used administrative measures are inefficient and offers her own concept of grounds and limits of bringing companies to criminal responsibility. 
Keywords: intersectoral links, judicial practice, environmental security, air pollution, criminal liability, legal entities, administrative responsibility, atmospheric air, natural environment, proportionate liability
References:
Ukaz Prezidenta RF ot 05.01.2016g. № 7 «O provedenii v Rossiyskoy Federatsii Goda ekologii» // SZ RF. 2016. № 2 (chast' I). St. 321.
Ukaz Prezidenta RF ot 19.04.2017g. № 176 «O strategii ekologicheskoy bezopasnosti Rossiyskoy Federatsii na period do 2025 goda» // SZ RF. 2017. № 17 . St. 2546.
Permyakov T.M., Andreeva L.N. Vliyanie antropogennykh zagryazniteley na ob'ekty okruzhayushchey sredy (na primere Sverdlovskoy oblasti) // Nauchnye i obrazovatel'nye problemy grazhdanskoy zashchity — 2010. №3. — S.33 — 36.
Ofitsial'nyy sayt Ministerstva prirodnykh resursov i ekologii Sverdlovskoy oblasti. // [Elektronnyy resurs]. URL:https://mprso.midural.ru/article/show/id/1053 (Data obrashcheniya: 08.01.2019).
Ofitsial'nyy sayt FGBU «Ural'skoe upravlenie po gidrometeorologii i monitoringu okruzhayushchey sredy» Ofitsial'nyy sayt FGBU. // [Elektronnyy resurs]. URL:http://svgimet.ru/wp-content/uploads/2019/05/%D0%97%D0%B0%D0%B3%D1%80%D1%8F%D0%B7%D0%BD%D0%B5%D0%BD%D0%B8%D0%B5-%D0%B0%D1%82%D0%BC%D0%BE%D1%81%D1%84%D0%B5%D1%80%D1%8B-4-%D0
Reference:
Smirnova K.V.. Criminal Law Characteristic of Petty Theft (Article 158.1 of the Criminal Code of the Russian Federation) // Legal Studies. – 2019. – № 6. – P. 47-54. DOI: 10.25136/2409-7136.2019.6.29811.
DOI: 10.25136/2409-7136.2019.6.29811
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Abstract: The aim of the research is to analyze criminal law characteristic of Article 158.1 of the Criminal Code of the Russian Federation as well as the need to implement provisions of aforesaid article in practice. The subject of the research is the criminal law characteristic of Article 158.1 of the Criminal Code of the Russian Federation, in particular, objective and subjective features of this crime structure based on the analysis of opinions of experts in criminal law. The object of the research is the social relations that arise as a consequence of petty theft by an individual subject to administrative punishment. In her research Smirnova has applied general research methods such as analysis, synthesis, deduction, analogy, classification, summary of research data, etc. Methods of special sciences included comparative law analysis, technical legal method and regulatory analysis. The scientific novelty of the research is caused by the fact that Smirnova discovers social dependence of criminal responsibility for the commitment of petty theft that is closely related to historical processes, the need to criminalize petty theft committed by an individual who had been earlier subject to administrative sanctions. Moreover, Smirnova analyses criminal law characteristic of this kind of crime in relation to practical implementation of associated laws and regulations and studies objective and subjective features of petty theft. The author focuses on peculiarities of criminal law characteristics of the corpus delicti and establishment of administrative prejudice in the criminal law.
Keywords: foreign property, replication, criminalization, criminal liability, prejudice, administrative responsibility, petty theft, theft, fraud, misappropriation
References:
Rogova E.V. Mezhotraslevaya differentsiatsiya otvetstvennosti // Ugolovnyy zakon Rossiyskoy Federatsii: problemy pravoprimeneniya i perspektivy sovershenstvovaniya: Sb. materialov mezhvuz. nauchno-praktich. konf., posvyashchennoy 300-letiyu rossiyskoy politsii. – Irkutsk, 2018. S. 5-9.
Statisticheskie dannye GIATs MVD Rossii
V khode issledovaniya bylo oprosheno 112 sotrudnikov sistemy pravookhranitel'nykh organov Irkutskoy oblasti, Zabaykal'skogo kraya i Respubliki Buryatiya.
Savel'eva M.V. K voprosu o sorazmernosti administrativnoy i ugolovnoy otvetstvennosti za khishchenie // Ugolovnoe zakonodatel'stvo: vchera, segodnya, zavtra (pamyati professora S.F. Kravtsova): materialy ezhegodnoy vseros. nauch.-prakt. konf. 2016. S. 114.
Otkrytyy otzyv M. Goncharova, general'nogo direktora Fonda podderzhki postradavshikh ot prestupleniy. URL: http://soprotivlenie.org/news/ dekriminalizaciya-yuridicheskaya-ocenka-i-analiz/ (dataobrashcheniya: 06.04.2019).
Kuznetsova N.F. Glavnye tendentsii razvitiya rossiyskogo ugolovnogo zakonodatel'stva // Ugolovnoe p
Reference:
Gasanov A.K., Ostroushko A.V.. The USA Experience in Countering an Insurance Fraud // Legal Studies. – 2019. – № 5. – P. 29-35. DOI: 10.25136/2409-7136.2019.5.29679.
DOI: 10.25136/2409-7136.2019.5.29679
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Abstract: The subject of the study is the regulations of the criminal law of the USA in countering the insurance fraud. A notable feature of the US criminal law is that it consists of the federal legislation and the state legislation, but only 47 states consider an insurance fraud as a crime. The authors have analyzed the dispositions of the criminal law regulations under the study and emphasized the fact that the liability is imposed for the insurance fraud committed by both policyholder and the insurer. The article highlights a certain casuistry of the dispositions peculiar to the US legislation. The authors apply the following methodological methods: a complex of general scientific and special methods of cognition of socio-legal reality. The methodological basis of the research includes the dialectical method with inherent requirements of objectivity, comprehensiveness, historicism, and the specificity of truth. Among the general scientific research methods, the authors apply the methods of analysis, synthesis, comparison, and measurement. The authors apply a rather-legal method as a special scientific method. The authors analyzed the law enforcement practice of the USA in countering the insurance fraud and suggested that special attention should be drawn to the set of its features:there is a detailed description of the features of acts in the criminal law of the USA regarding the insurance fraud; an American lawmaker takes a broad view of an insurance fraud concept and includes the broad list  of acts committed by both policyholder and the insurer; insurance fraud also includes acts of other states and in most cases are liable for exercise of criminal justice; an American lawmaker divides all the acts into crimes and offenses. 
Keywords: improvement, implementation, comparative analysis, law, criminal liability, insurance, fraud, USA, criminal law, felony
References:
Champlin K. Definition of Insurance Fraud https://legaldictionary.net/insurance-fraud/
Smith G., Button M., Johnston L. Studying Fraud as White Collar Crime. New York, 2011. pp. 39-42.
Bykova N. V. Ponyatie «strakhovogo moshennichestva»: sravnitel'no-pravovoy analiz // Vestnik Rossiyskogo universiteta druzhby narodov. Seriya Yuridicheskie nauki. 2009. № 2. S. 70-76.
The insurence fraud prevention model act // Elektronnyy resurs http://www.wvlegislature.gov/bill_text_html/2003_SESSIONS/RS/bills/hb3119%20eng.htm
Reference:
Derevyagina O.E.. Concerning What Causes Criminalization of Competition Restriction (Part 1 of Article 178 of the Criminal Code of the Russian Federation) // Legal Studies. – 2019. – № 4. – P. 27-43. DOI: 10.25136/2409-7136.2019.4.29184.
DOI: 10.25136/2409-7136.2019.4.29184
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Abstract: The article is devoted to the process of criminalization of agreements that restrict competition (cartel agreements). According to a number of experts in criminal law as well as representatives of business communities, criminalization of anti-competitive agreements is either insufficiently substantiated or not substantiated. This is why substantiation of criminalization of cartel agreements is a nettlesome issue. The object of the research is the social relations in the sphere of criminal policy regarding criminalization of deeds constituting a crime as set forth by the provisions of Article 178 of the Criminal Code of the Russian Federatio. The subject of the research is the applicable criminal law provisions that set forth responsibility for cartel agreements. The author of the article analyzes the system of bases for criminalization of cartel agreements. She focuses on the social threat caused by the crime of this kind and makes a conclusion that the penal prohibition is absolutely reasonable. The methodological basis of the research includes such research methods as systems approach, historical law analysis, dialectical, formal law, formal logical and complex analysis. The novelty of the research is caused by the fact that the author carries out a complex analysis of criminalization of the aforesaid crime in current laws and this is the first article of the kind in the academic literature. One of the author's conclusions is that criminalization of cartel agreements is reasonable at this point of social development taking into account the threat for the society and impossibility of fight against restriction of competition and opportunities of criminal justice and historical legal traditions. 
Keywords: social danger, antimonopoly legislation, criminalization, conspiracy, restriction of competition, cartel agreement, criminal law prohibition, criminal law, competition, monopolistic actions
References:
Kinev, A.Yu. Kartel' – taynaya monopoliya: sbornik statey i interv'yu / A.Yu. Kinev. – M., 2012. – 232 s.
Batsin, I.V. Institut konkurentnykh otnosheniĭ kak ob'ekt ugolovno-pravovoy okhrany: teoretiko-prikladnoe issledovanie: dis. …kand.yurid.nauk : 12.00.08 / Ivan Viktorovich Batsin. – Nizhniy Novgorod, 2017. – 216 s.
Sbornik dokumentov po istorii ugolovnogo zakonodatel'stva SSSR i RSFSR 1917-1952 gg. / Pod red. prof. I.T. Golyakova. – M.: Gosudarstvennoe izd-vo yurid. lit., 1953. – 463 s.
O mezhvedomstvennoy rabochey gruppe po voprosam protivodeystviya pravonarusheniyam i prestupleniyam v sfere antimonopol'nogo zakonodatel'stva, razmeshcheniya zakazov na postavku tovarov, vypolneniya rabot, okazaniya uslug: Sovmestnyy Prikaz UFAS po Krasnoyarskomu krayu, GSU SK RF po Krasnoyarskomu krayu i GU MVD RF po Krasnoyarskomu krayu №72/35/601 ot 30.11.2015.
Gol'dshteyn, I.M. Ekonomicheskaya politika: kurs lektsiya, chitannykh v Mosk.un-te i v Mosk. kommerch. in-te. / I.M. Gol'dshteyn. – Vyp. 1. Soyuzy predprinimateley. Istoriya i teoriya. –
Reference:
Fis'kov I.A.. Definition and Structure of Crimes Associated with Illegal Use of Forests // Legal Studies. – 2019. – № 4. – P. 44-51. DOI: 10.25136/2409-7136.2019.4.29361.
DOI: 10.25136/2409-7136.2019.4.29361
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Abstract: The object of the research is the social relations arising in the process of ensurance of environmental safety in the Russian Federation and rational use of forests. The subject of the research is the criminal law provisions set forth by Articles 191.1, 226.1 and 260 of the Criminal Code of the Russian Federation. The aim of the research is to create a structure of crimes associated with illegal use of forests. The author of the article suggests that these provisions were included in the Criminal Code of the Russian Federation in order to ensure the rational use of forests and environmental safety of the Russian Federation. However, the legislator does not view them as an integral structure and these provisions are mentioned by different articles of the Criminal Code of the Russian Federation. This creates the need to carry out a more detailed analysis of these provisions and discover relations between them. The research is based on general research methods  (analysis, synthesis, generalisation, analogy and logical analysis) and special research methods (technical law, structured functional analysis, formal law analysis). The results of analyzing legal provisions of Articles 191.1, 226.1 and 260 of the Criminal Code of the Russian Federation prove that they have general goals and relate to one another. Based on the results of the analysis, the author gives his own definition of crime associated with illegal use of forests. He suggests that this definitino should be included in Chapter IX 'Crimes Against Social Security and Social Order' and Chapter 26 of the Criminal Code of the Russian Federation 'Environmental Crimes'. 
Keywords: environmental damage, use of forests, environmental crime, environmental safety, smuggling of timber, illegally harvested wood, illegal logging, wood purchase, timber sales, crime object
References:
Skachko A. V., Kontrabanda i uklonenie ot uplaty tamozhennykh platezhey : strategicheskie napravleniya ugolovno-pravovoy politiki pro-tivodeystviya im v sovremennoy Rossii : dis. … d-ra yurid. nauk : 12.00.08 / Skachko Anna Vladilenovna. – Krasnodar, 2017. – 377 s.
Prikhod'ko, N. Yu. Spornye voprosy v ob'ekte kontrabandy i vozmozhnye puti ikh resheniya / N. Yu. Prikhod'ko. – URL : http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=CJI&n=101231#023260750915490824 (data obrashcheniya : 29.10.2018).
Razgil'diev, B.T. Ugolovno-pravovye problemy prikosnovennosti k prestupleniyu / pod red. A.P. Gorsheneva. Saratov : Izd-vo Sarat. un-ta, 1981. S. 51-52.
Nudel', S. L. Ob ugolovnoy otvetstvennosti za priobretenie, khranenie, perevozku, pererabotku v tselyakh sbyta ili sbyt zavedomo nezakonno zagotovlennoy drevesiny (st. 1911 UK RF) / S. L. Nudel' // Rossiyskiy sledovatel'. – 2016. – № 21. – S. 21-25.
Lopashenko, N. A. Prestupleniya v sfere ekonomicheskoy deyatel'nosti : teoreticheskiy i prikladnoy analiz : monografiya : v 2 ch. Ch. 2
Reference:
Lutsenko N.S.. Criminal Institution of Judicial Fine in a Number of Foreign States // Legal Studies. – 2019. – № 4. – P. 52-60. DOI: 10.25136/2409-7136.2019.4.29386.
DOI: 10.25136/2409-7136.2019.4.29386
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Abstract: The article is devoted to comparison of legislations in a number of foreign states (Republic of Belarus, Republic of Moldova, Republic of Kazakhstan, Republic of Lithuania, Kyrgys Republic, etc.) in order to discover institutions that would be similar to the institution of judicial fine. The object of the research is the social relations arising as a result of relief from criminal responsibility (decision not to prosecute) accompanied with infliction of compulsory payment to the government's budget on a liable person. The subject of this research is the criminal and procedural laws of foreign states. The aim of the research is to discover legal instituations similar to the institution of judicial fine used by foreign states and to carry out their comparative analysis as well as to describe areas to be improved. The methodological basis of the research includes general and special research methods such as analysis, synthesis, comparison, generalisation, comparative law, formal law analysis and systems approach. The scientific novelty of the research is caused by the fact that the researcher discovers laws similar to those that were issued in the Russian Federation in 2016 about the institution of judicial fine as well as proposes areas of improvement of these laws. As a result the research, the author finds similar institutions in a number of foreign states. In order to improve associated legal provisions, the author suggests to eliminate certain gaps in the law regulating judicial fine taking into account the experience of the foreign states. 
Keywords: elimination, victim fund, compulsory payment, an offense, eadministrative liability, criminal law measure, transaction, criminal liability, judicial fine, termination of the criminal case
References:
Ugolovnyy kodeks Turkmenistana. – URL: http://www.legislationline.org/ru/documents/action/popup/id/14380/preview (data obrashcheniya: 09.03.2019).
Ugolovnyy kodeks Ukrainy. – URL: http://pravoved.in.ua/section-kodeks/134-yku/1125-009.html (data obrashcheniya : 09.03.2019)
Ugolovnyy kodeks Rossiyskoy Federatsii: feder. zakon ot 13 iyunya 1996 g. № 63-FZ (v red. ot 29.07.2018) // Sobranie zakonodatel'stva RF. – 1996. – № 25. – St. 2954.
Ugolovnyy kodeks Respubliki Uzbekistan. – URL: https://online.zakon.kz/Document/?doc_id=30421110 (data obrashcheniya: 09.03.2019).
Ugolovnyy kodeks Tadzhikistana. – URL: http://www.wipo.int/wipolex/ru/text.jsp?file_id=237375#_Toc435091905 (data obrashcheniya: 09.03.2019).
Ugolovnyy kodeks Respubliki Moldova. – URL: http://lex.justice.md/ru/331268/ (data obrashcheniya: 01.02.2019).
Ugolovnyy kodeks Respubliki Kazakhstan. – URL: https://online.zakon.kz/Document/?doc_id=31575252#pos=1526;-46 (data obrashcheniya: 29.03.2019).
Ugolovnyy kodeks Respubliki Belarus'. – URL: http://etalonline.b
Reference:
Pshenichnyi R.V.. Criminalistic Characteristic of Personality of a Criminal Who Has Committed Theft of Property // Legal Studies. – 2019. – № 3. – P. 20-26. DOI: 10.25136/2409-7136.2019.3.29295.
DOI: 10.25136/2409-7136.2019.3.29295
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Abstract: The matter under research is an integral system of different personality traits of a criminal who has committed theft of property. These are the personality traits that serve as important factors of criminal behavior taking into account external and internal circumstances. Information about it can be used to discover and investigate crime. The author of the article examines such aspects topics as common features and traits of individuals who have committed theft, analysis of typical characteristic of these individuals, discovery of functional relations and patterns in criminal behavior. The research methodology implies complex research of personality behavior through analyzing theoretical data and statistical information. As the main outcome of the research, the author gives a typical portrait of criminals of this kind, describes their typical features and personality traits. The researcher also describes common patterns of their criminal behavior. The research results can be used in the process of crime investigation as well as prevention of this kind of crime. 
Keywords: typical characteristic, personality traits, investigation, disclosure, theft, theft of property, criminal, personality, criminal behavior, typical symptoms
References:
Gross G. Rukovodstvo dlya sudebnykh sledovateley, chinov obshchey i zhandarmskoy politsii. Smolensk, 1895. Vypusk 1.-177 s.
Yablokov N.P. Kriminalistika.-M, 2004. – 205 s.
Gavlo V.K. K voprosu o razrabotke psikhologo-kriminalisticheskoy kharakteristiki prestupleniy // Aktual'nye problemy pravovedeniya v sovremennyy period. Tomsk: Izd-vo TGU, 1966. – 78 s.
Yablokov N.P. Kriminalisticheskaya kharakteristika prestupleniya. 4-e izd., pererab i dop.-M.: NORMA-M, 2010. 289 s.
Glavnoe upravlenie pravovoy statistiki i informatsionnykh tekhnologiy Rossiyskoy Federatsii [Elektronnyy resurs]. // http://crimestat.ru/ (data obrashcheniya 20.02.2019)
Ivashchenko A.V., Alekseeva E.A. Lichnostnye osobennosti vorov. Psikhopedagogika v pravookhranitel'nykh organakh. 2012. № 2 (49). – 135 s.
Nadmitov S.S. Lichnost' nesovershennoletnego imushchestvennogo prestupnika. Pravovye problemy ukrepleniya rossiyskoy gosudarstvennosti. Tomsk, 2009. – 165 s.
Enikeev M. I. Yuridicheskaya psikhologiya: Uchebnik dlya vuzov-M.: Norma-Infa M, 2001.-274 s.
Perina E. I
Reference:
Yarovenko V.V.. Criminalistic Description of Knives Used as Cold Bladed Weapon // Legal Studies. – 2019. – № 2. – P. 19-27. DOI: 10.25136/2409-7136.2019.2.29013.
DOI: 10.25136/2409-7136.2019.2.29013
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Abstract: The matter under research is criminalistic description of different kinds of knives with the design similar to cold weapon. Yarovenko demonstrates that their technical features sometimes outmatch admissible criteria, thus create a social threat. The number of crimes committed with the use of such knives exceeds the number of crimes committed with the use of cold weapons. In practice, there is a great number of forensic expertises of missile or cold weapons that do not affect classification of crime. The research methodology is based on the analysis of criminalistical features of different kinds of knives, applicable criminal law and expert opinions about cold weapon criteria and items that can be used as weapon. The novelty of the research is caused by the author's conclusion that if the criminal law does not distinguish between cold weapon and items used as cold weapon, then it makes sense to exclude the phrase 'cold weapon' in Part 4 of Article 222 of the Criminal Code of the Russian Federation and Part 4 of Article 223 of the Criminal Code. 
Keywords: certification, examination, decriminalization, responsibility, crime, nvestigator, social danger, knives, object, cold weapons
References:
Boevoy nozh «Vityaz'» // http://www.holodnoe-oruzhie.ru/nozh-vityaz. Data obrashcheniya 16.02. 2019.
Grazhdanskiy nozh «Vityaz'» // https://russian-knife.ru/Netshop/catalogue/hunter-steel/hunter-steel_2266.html. Data obrashcheniya 16.02. 2019.
Boevoy nozh "Shaytan" // http://korenok.ru/product/boevoj-nozh-shajtan. Data obrashcheniya 16.02. 2019.
Boevoy nozh skeletnogo tipa "Shaytan-M" // http://forum.guns.ru/forummessage/182/1576530.html. Data obrashcheniya 16.02. 2019.
Grazhdanskiy nozh «Shaytan» // http://www.holodnoe-oruzhie.ru/nozh-shajtan-grazhdanskij. Data obrashcheniya 16.02. 2019.
Boevoy nozh «El'f» SpN GRU GSh RF// http://zonwar.ru/xolodnoe/knife_survival/Elf.html. Data obrashcheniya 16.02. 2019.
Nozh vyzhivaniya «Sapsan» // http://zonwar.ru/xolodnoe/knife_survival/Sapsan.html. Data obrashcheniya 16.02. 2019.
Nozh «Ofitserskiy-2» // https://klyk.ru/product/nozh-oficerskij-2-nd. Data obrashcheniya 16.02. 2019.
Nozh sheynyy. http://fb.ru/article/262255/noj-sheynyiy-vidyi-harakteristiki-rekomendatsii. Data obrashcheniya 16.02.2019.
Reference:
Ivanova L.V.. Kinds of Cybercrime According to the Russian Law // Legal Studies. – 2019. – № 1. – P. 25-33. DOI: 10.25136/2409-7136.2019.1.28600.
DOI: 10.25136/2409-7136.2019.1.28600
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Abstract: The subject of the research is the provisions of the criminal law on cybercrime and computer information crimes committed using electronic or telecommunication networks including those on the Internet as well as legal acts and regulations in the fields of information security and information technologies. The aim of the research is to define a circle of actions that can be acknowledged as cybercrime by the Russian law and to develop improvements of the criminal law that would help to differentiate between criminal responsibility for the commitment of crime using information technologies. The researcher analyzes different points of view on the definition of cybercrime and describes features of this kind of crime. The research is based on the systems approach using such methods as logical, dogmatic and comaprative law research methods. By analyzing different points of view and using the systems interpretation of legal provisions, the author comes to the conclusion that cybercrime is a universal term that describes crimes committed with the use of information technologies despite the fact that the legal acts lack a particular definition. The novelty of the research is caused by the fact that the author offers a modern definition of cybercrime that covers all crimes committed using IT technologies. The researcher underlines that there is a certain inconsistence in the legal enforcement of features of the wrongdoing committed with the use of electronic and telecommunication networks including Internet. In order to differentiate between criminal responsibility, the author proves the need to complete all corpus delicti of the Criminal Code of the Russian Federatin that may be committed using information technologies. 
Keywords: information technologies, electronic networks, telecommunication networks, Internet, computer crimes, information crimes, high technologies, cybercrime, cybersecurity, digital space
References:
Ukaz Prezidenta RF ot 30.11.2016 N 640 «Ob utverzhdenii Kontseptsii vneshney politiki Rossiyskoy Federatsii» // Ofitsial'nyy internet-portal pravovoy informatsii http://www.pravo.gov.ru, 01.12.2016.
Brazhnik S.D. Prestupleniya v sfere komp'yuternoy informatsii: problemy zakonodatel'noy tekhniki: dis. … kand. yurid. nauk. Izhevsk, 2002. – 189 s.
Karpov V.S. Ugolovnaya otvetstvennost' za prestupleniya v sfere komp'yuternoy informatsii: dis. … kand. yurid. nauk. Krasnoyarsk, 2002. – 202 s.
Dvoretskiy M.Yu. Prestupleniya v sfere komp'yuternoy informatsii (ugolovno-pravovoe issledovanie): dis. … kand. yurid. nauk. Volgograd, 2001. – 193 s.
Ushakov S.I. Prestupleniya v sfere obrashcheniya komp'yuternoy informatsii: teoriya, zakonodatel'stvo, praktika: dis. … kand. yurid. nauk. Rostov-na-Donu, 2000 – 176 s.
Vorob'ev V.V. Prestupleniya v sfere komp'yuternoy informatsii: yuridicheskaya kharakteristika sostavov i kvalifikatsiya: dis. … kand. yurid. nauk. Nizhniy Novgorod, 2000. – 201 s.
Smirnova T.G. Ugolovno-pravovaya bor'ba s prestupleniyami v sfe
Reference:
Voronin V.N.. Criminal Responsibility for Fake Drug Packaging // Legal Studies. – 2018. – № 11. – P. 1-13. DOI: 10.25136/2409-7136.2018.11.27947.
DOI: 10.25136/2409-7136.2018.11.27947
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Abstract: The subject of the research is the criminal laws and regulations of the Russian Federation aimed at protection of social relations and pharmacy safety of the population. To carry otu an in-depth criminal law analysis, the author has chosen to analyze actus reus described by Article 327.2 of the Criminal Code of the Russian Federation (hereinafter, CC or CC of the RF) that is a new law resulting from the adoption of the Federal Law of December 31, 2014 No. 532 'On Amending Certain Acts of the Russian Federation on Prevention of the Turnover of Fake, Pirate, Poor-Quality and Unrecorded Medical Products, Devices and Fake Biologically Active Additives'. The methodological basis of the research involves the following methodological principles: objectivity, interdisciplinarity, historicism, holism, consistency, structuredness, functionality, hierarchy, pluralism in law interpretation, and comparativism principles. The research also involves the following special methods: legal analytics, legislative techniques, legal comparative studies, and methods of legal modelling and forecasting. The novelty of the research is caused by the fact that this is the first in-depth criminal law analysis of the aforesaid actus reus. The author concludes that the legislator chose the wrong crime object which is the social relations that ensure the health and pharmacy safety of the population as a kind of social safety. The research has been sponsored by the President's Grant and the Ministry of Education and Science based on the Agreement 3608.2017.6. 
Keywords: Medicines, medikrim, crime object, drug packaging, drug instruction, forgery, medical products, fake, criminal liability, pharmacy
References:
Federal'nyy zakon ot 31.12.2014 № 532-FZ «O vnesenii izmeneniy v otdel'nye zakonodatel'nye akty Rossiyskoy Federatsii v chasti protivodeystviya oborotu fal'sifitsirovannykh, kontrafaktnykh, nedobrokachestvennykh i nezaregistrirovannykh lekarstvennykh sredstv, meditsinskikh izdeliy i fal'sifitsirovannykh biologicheski aktivnykh dobavok»// Sobranie zakonodatel'stva RF, 05.01.2015, № 1 (chast' I), st. 85.
Ugolovnyy Kodeks Respubliki Armeniya ot 18.04.2003 http://www.parliament.am/legislation.php?ID=1349&sel=show&lang=rus (Data obrashcheniya: 10.10.2018).
Federal'nyy zakon ot 27.12.2002 № 184-FZ «O tekhnicheskom regulirovanii»// Parlamentskaya gazeta, № 1-2, 05.01.2003.
Sokal'skiy B.B. Podlog dokumentov v ugolovnom prave Rossii i Germanii: sravnitel'no-pravovoe issledovanie: dissertatsiya ... kandidata yuridicheskikh nauk: 12.00.08.-Moskva, 2016. S. 136.
Trubin E.M. Ponyatie ofitsial'nogo dokumenta kak predmeta prestupleniya protiv poryadka upravleniya // Zakony Rossii: opyt, analiz, praktika. 2018. N 5. S. 81-85.
Reshenie Soveta E
Reference:
Fis'kov I.A.. Calculating the Volume of Ilegally Harvested Wood // Legal Studies. – 2018. – № 11. – P. 14-18. DOI: 10.25136/2409-7136.2018.11.28020.
DOI: 10.25136/2409-7136.2018.11.28020
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Abstract: The subject of the research is the volume of ilegally harvested wood as a criminally-based characteristic of a crime as set forth by Article 191.1 of the Criminal Code of the Russian Federation. According to the author of the article, this is an important practical issue that lacks a proper analysis. While imposing criminal responsibility for purchase, storage, transfer, processing and sale of ilegally harvested wood, the legislator hasn't made necessary amendments to the current rates and method of caculating the cost of illegally harvested wood. Based on teh analysis of the legislative basis for calculating the volume of ilegally harvested wood and law-enforcement practice of implementing the provisions of Article 191.1 of the Criminal Code of the Russian Federation, the author of the article proves that the calculation method described there cannot be used. This makes it impossible to adopt a legally biased judicial decision. The author offers a number of solutions and describes their positive and negative effects. The main conclusion of the research is that there is a need to change the method of calculating the volume of illegally harvested wood. 
 
Keywords: illegal use of forests, appraisal expertise, environmental damage, illegal logging, criminally-based characteristic of a crime, illegally harvested wood, calculation method, taxes and methods, objective side of crime, timber
References:
Delo № 1-15/2018. Prigovor № 1-15/2018 ot 26 fevralya 2018 g. Arkh. Kuedinskogo rayonnogo suda Permskogo kraya. URL : http://sudact.ru/regular/doc/u01UvVw3C6l0/ (data obrashcheniya : 05.11.2018).
Delo № 1-22/2018. Prigovor № 1-22/2018 ot 5 fevralya 2018 g. Arkh. Eniseyskogo rayonnogo suda Krasnoyarskogo kraya. URL : http://sudact.ru/regular/doc/UdbPgl9uTXUv/ (data obrashcheniya : 05.11.2018).
Uzdenova M. N. Razmer nezakonno zagotovlennoy drevesiny kak kriminoobrazuyushchiy priznak st. 191.1 UK RF // Problemy ekonomiki i yuridicheskoy praktiki. 2017. №6. S. 201-204.
Lopashenko N. A. Prestupleniya v sfere ekonomicheskoy deyatel'nosti: teoreticheskiy i prikladnoy analiz : monografiya : v 2 ch. Ch. 2. M. : Yurlitinform, 2015. 636 s.
Zarubin A. V. Nezakonnyy oborot imushchestva, priobretennogo prestupnym putem: ugolovno-pravovaya kharakteristika : uchebnoe posobie. SPb. : Sankt-Peterburgskiy yurid. in-t (filial) Akademii General'noy prokuratury RF, 2017. 88 s.
O koeffitsientakh k stavkam platy za edinitsu ob'ema lesnykh resursov i stavkam
Reference:
Gudkov A.P.. Bid Rigging as a Criminal Restriction of Competition (Article 178 of the Criminal Code of the Russian Federation): Legal Regulation Issues // Legal Studies. – 2018. – № 11. – P. 19-27. DOI: 10.25136/2409-7136.2018.11.28083.
DOI: 10.25136/2409-7136.2018.11.28083
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Abstract: The subject of the research is the legal regulation of criminal responsibility for criminal restriction of competition. The author of the article focuses on bid rigging as the most famous and dangerous kind of this crime with serious threats for the economy. The aim of the research is to define the best legislative model that would allow to raise efficiency of bid rigging prevention. The author analyzes the corpus delicti of competition restriction (Article 178 of the Criminal Code of the Russian Federation) focusing on the analysis of the latest draft law about changes and amendments to the article mentioned above. Gudkov analyzes recent researches on the problem at this stage, laws of developed countries with market economy and experience in relevant administrative proceedings. The methodological basis of the research is the dialectical method as well as general methods such as analysis and synthesis, and special research methods such as dogmatic and comparative law approaches. The scientific novelty of the research is caused by the fact that the author summarizes the results of the researches carried out by such authors as Yu. Bockhova, A. Eremin, A. Kinev, D. Laptev, A. Denisova, and analyzes Article 178 of the Criminal Code of the Russian Federation and amending draft laws, laws of the USA and Japan, and experience in similar administrative proceedings. As the main conclusion of the research, the author underlines the need to exclude such constituent elements of the crime in Article 178 of the Criminal Code of the Russian Federation as major damage and special major damage while reducing the volume of 'large revenue' and 'major revenue' by 10 times. 
Keywords: income, damage, public procurement, restriction of competition, bid rigging, cartel, business, abuse, bidders, customers
References:
Bochkova Yu.A. Sgovory na torgakh pri osushchestvlenii gosudarstvennykh zakupok // Problemy sovremennoy ekonomiki. 2014. № 2(50). S. 117-120.
Eremin A.A. Modifikatsiya obstoyatel'stv, podlezhashchikh ustanovleniyu i dokazyvaniyu po ugolovnym delam o korruptsionnykh prestupleniyakh, posyagayushchikh na konkurentsiyu, v svete izmeneniy ugolovnogo zakonodatel'stva Rossiyskoy Federatsii // Rossiyskiy sledovatel'. 2016. № 8. S. 18-24.
Ofitsial'nyy otzyv zamestitelya Predsedatelya Verkhovnogo Suda Rossiyskoy Federatsii № 1-VS-270/13 ot 24 yanvarya 2013 goda na proekt federal'nogo zakona «O vnesenii izmeneniy v stat'yu 178 Ugolovnogo kodeksa Rossiyskoy Federatsii i otdel'nye zakonodatel'nye akty Rossiyskoy Federatsii». Spravochnaya pravovaya sistema «Konsul'tant Plyus». Razdel «Zakonodatel'stvo». Informatsionnyy bank «Versiya Prof».
Kinev A.Yu. Administrativno-pravovye aspekty zashchity konkurentsii // Sovremennoe pravo. 2015. № 12. S. 47-52.
Ugolovnyy kodeks Rossiyskoy Federatsii: Federal'nyy zakon ot 13 iyunya 1996 goda № 63-FZ [Prinyat Gosudarstvennoy Dum
Reference:
Garmaev Y.P., Chumakov A.V.. Theoretical and Applied Aspects of the Developing Concept of Anti-Crime Education as a Form of Forensic Prevention // Legal Studies. – 2018. – № 10. – P. 21-29. DOI: 10.25136/2409-7136.2018.10.27664.
DOI: 10.25136/2409-7136.2018.10.27664
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Abstract: Based on the analysis of theoretical and practical issues of the forensic prevention theory, the authors analyze the place of a rather new form, anti-crime prevention, therein. By analyzing the example of the creation and implementation of the fraud investigation method during the receipt of payments, the authors emphasize the need and demonstrate the process of creation of anti-crime education that has another structure and is completely different from the recommendations and guidelines for laywers as professional participants of the criminal procedure. The authors describe the process of creating an educational brochure and mobile application that would allow to overcome typical stereotypes of citizens about uncriminal nature, undedictability and unpunishability of particular socially dangerous offences. The authors conclude that there should be similar mobile applications of educative and anti-crime nature to be developed and implemented.
Keywords: science anti-crime cycle, mobile applications, fraud, crime prevention, forensic investigation technique, anti-crime education, legal education, forensic prevention, forensics, crime
References:
Borovskikh R.N. Bazovaya kriminalisticheskaya metodika rassledovaniya prestupleniy v sfere strakhovaniya: monografiya / R. N. Borovskikh. – M.: Yurlitinform, 2018. –278 s.
Ugolovnoe delo № 1-89/2016 // Arkhiv mirovogo sud'i Emvinskogo sudebnogo uchastka Knyazhpogostskogo rayona Respubliki Komi; prigovor mirovogo sud'i Emvinskogo sudebnogo uchastka Knyazhpogostskogo rayona Respubliki Komi ot 05 dekabrya 2016 g. № 1-89/2016 [Elektronnyy resurs]. – Rezhim dostupa: https://rospravosudie.com/court-emvinskij-sudebnyj-uchastok-knyazhpogostskogo-rajona-s/act-233915768/ (data obrashcheniya 06.02.2018)
Ugolovnoe delo № 1-58/2014 // Arkhiv Turukhanskogo rayonnogo suda Krasnoyarskogo kraya; prigovor Turukhanskogo rayonnogo suda Krasnoyarskogo kraya ot 10 sentyabrya 2014 g. № 1-58/2014 // Internet-resurs «Sudebnye i normativnye akty RF» [Elektronnyy resurs]. – Rezhim dostupa: http://sudact.ru/regular/doc/P0pyTXhUdl1W/ (data obrashcheniya 16.09.2018).
Stepanenko R.A. Osobennosti metodiki rassledovaniya prestupleniy, svyazannykh s posrednichestvom vo
Reference:
Semerikova A.A.. Criminological Analysis of Sexual Violence Victims // Legal Studies. – 2018. – № 7. – P. 28-41. DOI: 10.25136/2409-7136.2018.7.24761.
DOI: 10.25136/2409-7136.2018.7.24761
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Abstract: The object of this research is the personality of a sexual violence victim that plays an essential role in the development of criminal motivation. The author of the article touches upon specific reasons and conditions that contribute to victimization, i.e. making a victim 'attractive' for a sexual abuser. Semerikova describes five criteria that describe the structure of victim personality. These include sociodemographic, socioprofessional and legal criteria that generally determine the conditions that increase victimity, and moral psychological and medical criteria determine the causes of aggression. The research is based on the psychological, psychiatric and criminological survey of 150 respondents who were the victims of sexual violence as well as on the analysis of the main theoretical concepts of Russian and foreign victimology. As a result of her research, Semerikova comes to the following conclusions: the victim and abuser have similar psychological features, inferiority and drive to self-destruction being the basic features; and the most common deviations of sexual violence victims are inherited submissiveness and masochism as a disorder of sexual preference. The results of the research can be used to develop sexual abuse preventive measures. 
Keywords: legal criteria, socio-professional criteria, socio-demographic criteria, victimization, victim, aggression, sexual violence, moral-psychological criterion, medical criteria, reasons
References:
Semerikova A.A. Preduprezhdenie ubiystv iz khuliganskikh pobuzhdeniy. Pyatigorsk, 2012. – 203 c.
Semerikova A.A. Parafilii – meditsinskiy i ugolovno-pravovoy aspekt // Materialy mezhdunarodnoy nauchno-prakticheskoy konferentsii: «Sovremennye problemy razvitiya obshchestvennykh nauk i puti ikh resheniya», Volgograd 2012, S. 63-68.
Svyadoshch A. M. Zhenskaya seksopatologiya, Moskva «Shtiintsa», 1999. – 185 c.
Pigolkin Yu.I., Dmitrieva O.A., Shchitov N.G., Deryagin G.B. 2008. Seksual'noe nasilie: teorii, podkhody i metodu issledovaniya. M.: Meditsinskoe informatsionnoe agentstvo, 2008. – 468 c.
Mify i fakty o seksual'nom nasilii. (na osnove stat'i Direktora Tsentra pomoshchi perezhivshim seksual'noe nasilie «Sestry» Marii Mokhovoy «Seksual'noe nasilie: mify i fakty») http://sisters-1994.livejournal.com/9952.html (data obrashcheniya 25.06.2017)
Lukovtseva Z. V. Seksual'noe nasilie. // Nasilie i sotsial'nye izmeneniya. №1. Pod red. Pisklakovoy M. A., Sinel'nikova A. A. M.: 2000. – 276 c.
Kraft-Ebing R. Polovaya psikhopatiya. M., 2013. – 624 c.<
Reference:
Mordovina A., Mordovin P.. The Mediator Figure in Bribery at the Complicity Institution // Legal Studies. – 2018. – № 6. – P. 67-71. DOI: 10.25136/2409-7136.2018.6.26330.
DOI: 10.25136/2409-7136.2018.6.26330
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Abstract: The subject of the research is the provisions of the Criminal Code of the Russian Federation that regulate participation in crime commitment (Article 33 of the Criminal Code of the Russian Federation) and sets forth responsibility for complicity in bribery (Article 291.1 of the Criminal Code of the Russian Federation). Based on the example of bribery, the authors of the article analyze complicity features typical for a mediator. Moreover, they analyze the entire construct of complicity in bribery giving/taking, with the participation of a mediator. They prove that in bribery mediator is more likely to be a complicit in the crime commitment than an independent actor. In the course of their research the authors have used general research methods (analysis and synthesis, generalisation, deduction, comparison, analogy) and special research methods such as comparative law and structured systems analysis. The results of the research demonstrate that introduction of a new concept 'mediation in bribery' is a rather debatable issue because it defines participation in crime as an individual crime. This creates the legal redundancy that should not be common to criminal law. In this regard, the authors suggest to decriminilize the action described in Article 291.1 of the Criminal Code of the Russian Federation and extend the definition of the complicit in order to include mediator features into the definition. 
 
Keywords: accomplice, decriminalization, criminalization, corruption, complicity, criminal law, mediator, mediation in bribery, bribery, counteraction to crime
References:
Chemerinskiy K.V. Kriminalizatsiya obshchestvenno opasnykh deyaniy v normakh obshchey chasti UK RF. Mezhdunarodnoe nauchnoe izdanie «Sovremennye fundamental'nye i prikladnye issledovaniya» / International scientific periodical «Modern fundamental and applied researches».-2017.-№2(25).-Chast' 1. S. 172, 174.
Khitrov I.A. Institut souchastiya: problemy konstruirovaniya norm i differentsiatsii ugolovnoy otvetstvennosti: Dis. … kand. yurid. nauk. Yaroslavl', 2007. S. 95.
Ugolovnyy kodeks Rossiyskoy Federatsii ot 13.06.1996 №63-FZ (red. ot 23.04.2018, s izm. ot 25.04.2018) // SPS «Konsul'tant-Plyus».
Sungatullin A.Yu. Posrednichestvo v sovershenii prestupleniya: avtoref. dis. kand. yurid. nauk.-M., 2016. S. 7.
Sungatullin A.Yu. Ponyatie posrednichestva v ugolovnom prave // Obshchestvo i pravo. 2013. №3 (45). S. 318.
Postanovlenie Plenuma Verkhovnogo Suda RF «O sudebnoy praktike po delam o vzyatochnichestve i ob inykh korruptsionnykh prestupleniyakh» ot 9 iyulya 2013 g. № 24 // SPS «Konsul'tant-Plyus».
Ozhegov S.I. Slovar' russkogo yazyka: Ok. 53 0
Reference:
Shamsutdinov M.M.. Suspension of the Highest Official of a Russian Federation Constituent (Head of a Supreme Government Authority of a Russian Federation Constituent) // Legal Studies. – 2018. – № 6. – P. 1-7. DOI: 10.25136/2409-7136.2018.6.26480.
DOI: 10.25136/2409-7136.2018.6.26480
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Abstract: The article is devoted to particular features of the legal regulation and practical implementation of such a specific measure of criminal procedure compulsion as suspension of the highest official of a Russian Federation constituent. The object of this research is the criminal procedure relations that relate to implementation of a special measure of procedure compulsion, i.e. suspension of the highest official. The subject of the research is the criminal procedure laws that regulate the decision making process regarding suspension of the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent), constitutional regulations that set forth the procedure of suspension of the highest authority of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent) as a result of the loss of trust in him or her as well as individual researches on the matter. In the course of the research the author has used general and special research methods including dialectical method, analysis, synthesis, structured system approach, formal law method and modelling method. The novelty of the research is caused by the fact that the author analyzes a topical issue of applying suspension as a measure of compulsion in relation to the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent). As a result of the research, the author describes certain drawbacks in the legal regulation of the aforesaid measure of criminal procedure compulsion as well as offers alternative solutions. 
Keywords: the Investigative Committee of Russia, attorney, suspension, governor, loss of trust, corruption, measures of procedural compulsion, preliminary investigation, criminal procedural compulsion, criminal case
References:
Ugolovno-protsessual'nyy kodeks Rossiyskoy Federatsii ot 18 dekabrya 2001 g. №174-FZ (s izm. i dop. ot 23.04.2018g.) // Ofitsial'nyy internet-portal pravovoy informatsii www.pravo.gov.ru (data obrashcheniya – 24 aprelya 2018 g.);
Egorov I. Khvatku ne oslabim. Yuriy Chayka: o korruptsionerakh i beglykh prestupnikakh // Rossiyskaya gazeta.-2016. – 12 yanv.-№6870 (2);
Kozlova N. Obman valyut. Aleksandr Bastrykin o neobkhodimosti presech' makhinatsii na valyutnom rynke // Rossiyskaya gazeta. – 2016. – 15 yanv.-№6874(6);
Kozlova N. Isklyuchitel'noe pravo. Aleksandr Bastrykin predlagaet isklyuchit' iz Konstitutsii RF normy o prioritete mezhdunarodnogo prava // Rossiyskaya gazeta. – 2015. – 24 iyulya-№6733(162);
Vozbuzhdeno eshche odno ugolovnoe delo v otnoshenii byvshego gubernatora Novosibirskoy oblasti Vasiliya Yurchenko // http://sledcom.ru/news/item/523669 (data obrashcheniya – 24 aprelya 2018g.);
Rossiyskaya gazeta: «Opyat' vzyatka» //http://sledcom.ru/press/smi/item/940604/ (data obrashcheniya – 24 aprelya 2018g.);
Poletaev V. Gayzer posidit do iyun
Reference:
Sapparov R.R.. The Subject of Crime in Bankruptcy Pursuant to the Criminal Code of the Russian Federation // Legal Studies. – 2018. – № 5. – P. 57-61. DOI: 10.25136/2409-7136.2018.5.26273.
DOI: 10.25136/2409-7136.2018.5.26273
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Abstract: The article is devoted to the issue of the subject of crime in bankruptcy based on the Criminal Code of the Russian Federation. Sapparov focuses on the analysis of peculiarities of the special subject of crime. He underlines that 1) the criminal law doctrine traditionally has a unified understanding of special features of bankruptcy crime based on the Criminal Code of the Russian Federation; and 2) the theory of criminal law generally demonstrates unsatisfaction with the quality of description of special subject features in bankruptcy based on the Criminal Code of the Russian Federation. In the course of his research the author has used the following research methods: general research methods (induction, deduction, analysis and sythesis) and special research methods (formal law, and sociology methods). As a result of his research, the author makes a conclusion that the Russian criminal law establishes three approaches to the description of feature sof a special subject of bankruptcy crime. These are: reference to a particular list of special subjects of bankruptcy crime; reference to a special subject of crime based on its legally enforced responsibility as a result of bankruptcy; limitation of a list of special subjects of bankruptcy crime according to the law that implies that a wrongdoing may be performed only by a limited scope of people. 
Keywords: head of organization, legal entity, individual, unlawful actions, criminal liability, special subject, subject of crime, criminal law, bankruptcy, economic crimes
References:
Nenaydenko A. G. Prednamerennoe i fiktivnoe bankrotstvo: aktual'nye problemy ugolovnoy otvetstvennosti: dis. …kand. yurid. nauk. M., 2005
Gladkikh V. I., Sukharenko A. N. Protivodeystvie nezakonnomu bankrotstvu fizicheskikh lits // Bezopasnost' biznesa. 2016. №2. S. 42-46.
Reference:
Shamsutdinov M.M.. Implementation of Measures of Procedural Compulsion in Cases of Economic Crimes // Legal Studies. – 2018. – № 5. – P. 14-28. DOI: 10.25136/2409-7136.2018.5.26277.
DOI: 10.25136/2409-7136.2018.5.26277
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Abstract: The article is devoted to particular features of the legal regulation of implementation of measures of procedural compulsion in case of economic crimes. The object of the research is the relations arising in the process of selection and application of measures of procedural compulsion to criminal proceeding parties. The subject of the research is the combination of criminal proceeding laws that regulate the procedure for selection and application of measures of procedural compulsion in case of economic crimes, as well as legal views of the Constitutional Court of the Russian Federation and explanation of the Plenum of the Supreme Court of the Russian Federation for particular issues related to application of measures of procedural compulsion in case of economic crimes and scientifically grounded opinions of researchers on the matters under research. In the course of his research Shamsutdinov has used general and special research methods, in particular, dialectical method, analysis, synthesis, structured system approach, comparative law, formal law, statistical method and modelling method. The novelty of the research is caused by the fact that the author carries out an integral research of the entire system of measures of procedural compulsion in case of economic crimes. As a result of the research, the author defines problems resulting from implementation of measures of procedural compulsion in cases of economic crimes. The author also makes a conclusion about the need to improve the existing mechanism of the legal regulation of measures of procedural compulsion as well as suggests to complete the system of measures of procedural compulsion with new and more efficient measures of compulsion. 
Keywords: house arrest, criminal arrest, bail, economic crimes, detention of a suspect, preventive measure, measures of procedural compulsion, preliminary investigation, criminal procedural compulsion, monetary penalty
References:
Zinatullin, Z.Z. Ugolovno-protsessual'noe prinuzhdenie i ego effektivnost' (Voprosy teorii i praktiki). – Kazan': Izd-vo Kazan. un-ta, 1981 – 136 s.
Karimova, S.S. Polnomochie po nalozheniyu denezhnogo vzyskaniya dolzhno byt' predostavleno doznavatelyu i sledovatelyu // Yuridicheskaya nauka i pravookhranitel'naya praktika. – 2015.-№3 (33). – S. 111-119.
Kirilov M., Zalyaletdinova A. Musin imel pryamoe ili kosvennoe vliyanie na ne menee 15% ekonomiki Tatarstana // URL: https://www.business-gazeta.ru/article/351359 (data obrashcheniya 10.05.2018).
Kodeks Rossiyskoy Federatsii ob administrativnykh pravonarusheniyakh ot 30 dekabrya 2001 g. №195-FZ (s izmeneniyami i dopolneniyami po sostoyaniyu na 23 aprelya 2018 g.) // Ofitsial'nyy internet-portal pravovoy informatsii URL: http://pravo.gov.ru (data obrashcheniya 10 maya 2018). http://pravo.gov.ru/
Kuzovenkova, Yu.A. Denezhnoe vzyskanie v sisteme mer ugolovno-protsessual'noy otvetstvennosti: avtoref. dis. … kand. yurid. nauk.-Samara, 2009. – 19 s.
Postanovlenie Konstitutsionnogo Suda RF ot 10
Reference:
Afanas'ev A.Y., Repin M.E.. One More Argument Against a Stage of Initiation of Legal Proceedings // Legal Studies. – 2018. – № 3. – P. 24-30. DOI: 10.25136/2409-7136.2018.3.23180.
DOI: 10.25136/2409-7136.2018.3.23180
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Abstract: Today the stage of initiation of legal proceedings is in extremely disputable state. A considerable part of representatives of criminal procedure science and practicians declare need of revision of a role and the place of this stage for criminal trial up to her elimination. At the same time in justification of the position various authors adduce a set of arguments. In this article a number of such provisions acting from the author's point of view essential in a question of an exception of the analyzed stage of criminal trial are reflected. Besides, by the author it is established that the raised korruptsiogennost of the specified procedure proceeding from the dispositive provision of the p. 2 of Art. 140 of the Code of Criminal Procedure of the Russian Federation acts as one of the main bases for elimination of a stage of initiation of legal proceedings. Definition of degree of corruption risk of this norm and in general the criminal procedure decision on excitement (about refusal in excitement) criminal case has become possible thanks to a method of the statistical multidimensional analysis, namely cluster analysis. In addition, in article the group general scientific and specially methods of scientific knowledge is used. As a result of a research taking into account foreign experience of reforming of the criminal procedure legislation and domestic developments in the field of improvement of pre-judicial production it was offered to exclude a stage of initiation of legal proceedings from criminal trial and the related norms from the Code of Criminal Procedure of the Russian Federation, thereby having presented option of the beginning of pre-judicial production from the moment of registration of the message on a crime.
Keywords: investigator, investigative actions, cluster analysis, legal-linguistic uncertainty, corruptogenic factor, corruption risk, stages of criminal trial, Initiation of legal proceedings, criminal procedure decision, message on a crime
References:
Gavrilov B. Ya. Realii i mify vozbuzhdeniya ugolovnogo dela // Ugolovnoe sudoproizvodstvo. 2010. № 2. S. 7–10.
Orlov Yu. K. Vozmozhno li proizvodstvo sudebnoy ekspertizy v stadii vozbuzhdeniya ugolovnogo dela? // Zakonnost'. 2003. № 3. S. 20–21.
Rossiyskiy sledovatel': prizvanie, professiya, povsednevnost': monografiya / K. Titaev, M. Shklyaruk. M., 2016. 191 s.
Karyakin E. A. Stadiya vozbuzhdeniya ugolovnogo dela: «za» i «protiv» // Sovremennoe pravo. 2004. № 12. URL: https://www.sovremennoepravo.ru/m/articles/view/Stadiya-vozbuzhdeniya-ugolovnogo-dela-za-i-protiv (data obrashcheniya: 30.05.2017)
Volodina L. M. Mekhanizm zashchity prav lichnosti v ugolovnom protsesse. Tyumen', 1999. 171 s.
Aleksandrov A. S., Grachev S. A. Stadiya vozbuzhdeniya ugolovnogo dela: likvidirovat' nel'zya ostavit' // Yuridicheskaya nauka i pravookhranitel'naya praktika. 2015. № 1. S. 101–108.
Davletov A. A., Kravchuk L. A. Stadiya vozbuzhdeniya ugolovnogo dela – obyazatel'nyy etap sovremennogo otechestvennogo ugolovnogo protsessa // Rossiyskiy yuridicheskiy zhur
Reference:
Mironov R.. Network Interaction of Law Enforcement Authorities as the Mechanism to Improve Social Technologies of State Management in Law Enforcement Sphere // Legal Studies. – 2018. – № 3. – P. 31-41. DOI: 10.25136/2409-7136.2018.3.25083.
DOI: 10.25136/2409-7136.2018.3.25083
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Abstract: As part of improvement of social technologies in law enforcement activity, the author of the article describes the mechanism of network interaction of law enforcement activities under the conditions of modern network community as well as expected transfer of Russian economy to its digital model. The purpose of the research is to discover organizational and managerial contradictions between Russia's established vertical subordination model of law enforcement interaction and foundations of state management and use of social technologies as a modern mechanism within the network community and digital economy. The objective of the research is to define the role of mutual activity of law enforcement activities in transformation of the entire law enforcement system aimed at improving state management in the law enforcement sphere. The article was written based on the analysis of legal provisions, departmental legal acts, law enforcement practice of law enforcement agencies in terms of the theory of social management, cybernetics, information analysis and most recent achievements in the field of interdisciplinary researches. In his research Mironov has applied general research and specific law research methods and techniques which ensures an in-depth analysis of law enforcement activities. The novelty of the research is caused by the fact that the author offers his own hypothesis about the network structure of the society. The rationale of the research is caused by the focus of the President of Russia on building a digital economic system as an actual need to support competitive ability of Russia's economy among other global economies. For this purpose, the author develops a mechanism of network interaction of law enforcement activities as part of digital economy which, in its turn, predetermines the mechanism to improve social technologies of state management in the law enforcement sphere. 
Keywords: law enforcement communication, network society, law enforcement system, public administration, social technologies, law enforcement activity, network interaction, integrated cooperation, digital economy, interaction model
References:
Stenograficheskiy otchet o vystuplenii V.V. Putina na plenarnom zasedanii Peterburgskogo mezhdunarodnogo ekonomicheskogo foruma 2 iyunya 2017 g. // Sayt Administratsii Prezidenta RF v seti Internet, rezhim dostupa [svobodnyy] po URL: http://kremlin.ru/events/president/news/54667 (data obrashcheniya 25.10.2017).
Ipakyan A.P. Organizatsiya i metody izucheniya operativnoy obstanovki v gorode, rayone: uchebno-metodicheskiy kompleks. – M.: Akademiya MVD SSSR, 1990. – 9 s.
Solov'ev E.G. Setevye organizatsii transnatsional'nogo terrorizma // Mezhdunarodnye protsessy. – 2004. – №2 (5). Tom 2. – S.71-83.
Sukharev V.F. Organizatsionnyy mekhanizm OVD. Akademiya upravleniya MVD Rossii. Lektsiya:-M., 2002.-S.9.
Rykunov V.I. Osnovy upravleniya.-M., Izograf. 2000. – 111 s.
Egorov I. Terroristov otsifruyut // Rossiyskaya gazeta. – 2016. – 15 sentyabrya. – № 7077 (209). – S. 6.
O protivodeystvii terrorizmu» i otdel'nye zakonodatel'nye akty Rossiyskoy Federatsii v chasti ustanovleniya dopolnitel'nykh mer protivodeystviya terrorizmu i obespecheniya obshche
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