A voice for the higher education
Reference:
Tupachevski N., Kiprizhanovska D.
Harmonization of criminal legislation of the Republic of Macedonia with the recommendations of the Group of States Against Corruption
// The union of criminalists and criminologists.
2015. № 3.
P. 207-218.
URL: https://en.nbpublish.com/library_read_article.php?id=68369
Abstract:
It’s hard to shake the feeling that corruption has inevitably penetrated all spheres of the society and created one of the most serious threats to the rule of law, personal rights and freedoms and economic development of the country. Due to its internationalization, the international community should consistently coordinate their efforts and design the common struggle against corruption strategy. The fact that corruption has become one of the priority transnational issues, is proved by numerous international documents, adopted by international organizations, including the UNO, the World Bank, the IMF, the Organization of American States, the Organization for Economic Cooperation and Development, the Council of Europe and the EU. The extension of anti-corruption legislation can’t be based merely on the requirements of the so-called legislative authority optimism. It is unquestionable that the respect for and the assumption of obligations in accordance with international standards and norms, and the positive comparative experience should be among the driving forces of the internal legislation reform. Therefore, the efforts, aimed at the further modernization of the anti-corruption legislation framework by means of the introduction of the standards, provided by international treaties, and the judgements of international organizations, should be appreciated. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the comparative-legal, formal-legal and interdisciplinary legal methods.
Keywords:
public administration, recommendation, grug traffic, terrorism financing, human rights, The Council of Europe, struggle against corruption, exposure, financing of political parties, bribery
A voice for the higher education
Reference:
Midzhoska E.
The importance of the Recommendation No. R (99) 22 concerning prison overcrowding and prison population inflation
// The union of criminalists and criminologists.
2015. № 3.
P. 219-229.
URL: https://en.nbpublish.com/library_read_article.php?id=68370
Abstract:
The author analyzes international recommendations for penitentiary systems of different states, ensuring the achievement of the goals of punishment as a key element of the crime prevention policy. The author considers various legislative constructions of certain states, reflecting the current solutions and recommendations contained in international documents, concerning the issues of prison overcrowding due to prison population inflation. The author analyzes the structure and the main principles of the Recommendation No. R (99) 22, and provides the opinion about its scientific validity in the context of numerous discussions about the current problems of its application by the Council of Europe member-states. The author compares the statistical rates of prison overcrowding in France, Belgium and Russia, analyzes and compares international documents in this sphere. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the comparative-legal, formal-legal and interdisciplinary legal research methods. The author concludes that at the present stage of the global legal policy development, prison overcrowding and prison population inflation are serious problems for penitentiary institutions and the system of criminal justice in general from the position of observance of human rights and effective management. It is necessary to develop and implement effective measures in order to prevent prison overcrowding and to decrease the number of prisoners. These measures should be consistent and rational; they should be aimed at the prevention of crimes and criminal behavior, effective law enforcement and the protection of the society and the state from criminal infringements. The study and the analysis of the latest statistical data on prisoners prove that prison overcrowding and frequent repeated offences are the burning problems of modern penitentiary systems of many states.
Keywords:
human rights, punishment, prisoner, detention, imprisonment, penitentiary institutions, penal rules, penal system, crime, struggle against crime
A voice for the higher education
Reference:
Gruevska-Drakulevski A.
Comparing the crime dynamics in Macedonia and Europe: are the crime rates growing?
// The union of criminalists and criminologists.
2015. № 3.
P. 230-242.
URL: https://en.nbpublish.com/library_read_article.php?id=68371
Abstract:
The author compares the most significant crime rates in the Republic of Macedonia and in Europe. The study is based on the police statistical data on the registered crimes. The author doesn’t consider the information of the court and penal systems. In order to avoid misinterpretations, the article gives attention to the methodological restrictions for analyzing international data. Together with theoretical materials, the article contains empirical data which help verify the registered correlations. The author studies the official statistical data, acquired from annual reports of the State statistical department of the Republic of Macedonia on the offenders for 2007 – 2011. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-logical, comparative-legal, statistical and interdisciplinary legal methods. The author concludes that the crime tendencies in Macedonia are quite similar to those in other European countries, despite the crime rate growth of the recent years. The most concerning one is the crime rate, i.e. the number of crimes per 100000 people, since the Republic of Macedonia is traditionally considered as the state with a comparatively low crime rate. The study develops criminological and statistical theory and raises the issue about the need for the crime monitoring methods improvement in Macedonia and statistical registration modernization in order to provide international organizations and institutions, studying criminal situation in Europe, with the comprehensive information. The author emphasizes that Macedonia shouldn’t be excluded from these key scientific and research projects.
Keywords:
registration of crimes, crime rate, crime dynamics, crime statistics, crime prevention, crime trends, offences, crime, Interpol, statistical data
A voice for the higher education
Reference:
Kambovski V.
The repressive orientation of criminal law: are there any long-term consequences?
// The union of criminalists and criminologists.
2015. № 3.
P. 243-250.
URL: https://en.nbpublish.com/library_read_article.php?id=68372
Abstract:
The research subject is the development of modern criminal law in the last two decades, which are characterized by the activation of the search for the responses to the challenges of organized crime and other nonconventional forms of crime. The author analyzes the traditional system of criminal justice with its requirements for the reevaluation of choice of institutions of criminal responsibility with regard to the responsibility of legal entities and the system of criminal punishments, the toughening of criminal repressions and new sanctions, particularly the material ones, which are necessary for the creation of the appropriate incrimination system. The research methodology includes the comparative-legal, historical, dialectical methods, analysis, synthesis, generalization, the innovation method, the method of assessment, prognostication and specification. The scientific novelty consists in the comprehensive study of the range of criminal problems of Macedonia and the author’s proposals about their solution in the correlation with international legislation and foreign practice. Particularly, the author considers the obligation to forecast the state of criminal responsibility of legal entities in Macedonia on the base of the experience of several countries and the texts of several international conventions.
Keywords:
forms, crime, criminal responsibility, prognostication, organized crime, convention, criminal law, activity, innovations, criminal activities
Представительство Союза криминалистов и криминологов в Казахстане
Reference:
Kuanalieva G.A., Zheksenov D.
Some problems of economic crimes according to the criminal legislation of the Republic of Kazakhstan
// The union of criminalists and criminologists.
2015. № 3.
P. 251-255.
URL: https://en.nbpublish.com/library_read_article.php?id=68373
Abstract:
The paper is devoted to criminal offences in the economic sphere, stipulated in the criminal legislation of the Republic of Kazakhstan. The authors emphasize the fact that economic crimes are considered as an object of criminal law, forensic science and criminal proceedings of the Republic of Kazakhstan. Economic relations are the fundamental element of the existence of any state and society, and, consequently, the negative actions against them can influence the established regime of functioning and hamper their further development. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal studies. The fact that all the considered crimes are similar in their key principles from the position of the formation of traces, the range and the character of the carriers and the sources of forensic information, is very important for detection and solution of these crimes. This similarity is determined, first of all, by the logical connection of these crimes with economic activity and its fundamental patterns.
Keywords:
Criminalistics, Financial security, prohibition, Offences, Economic crimes, Criminal, Crime, Criminal Code, Economics, Competition
Moscow criminology office
Reference:
Molchanova T.V., Solomatina E.A.
Criminal drug abuse situation in Moscow
// The union of criminalists and criminologists.
2015. № 3.
P. 256-264.
URL: https://en.nbpublish.com/library_read_article.php?id=68374
Abstract:
The paper considers criminal drug abuse situation in Moscow, a megalopolis where more than 1000 objects work in the sphere of legal sale of drugs. The majority of such organizations are concentrated in the North, the North-West, the East and the South-East administrative districts of Moscow. The authors study the criminal situation, connected with drug trafficking in Moscow, and outline certain peculiarities, forming this type of crimes. The severity of the drug abuse situation in Moscow is promoted by specific socio-economic, cultural, family, leisure and law enforcement determinants. The research methodology includes the structure-functional, comparative, statistical methods, analysis, the case-and-consequence method and prognostication. The authors study the drug abuse situation in Moscow and conclude about the change of quantitative and qualitative rates of drug-related crimes. Moscow is a favorable territory for criminal activities. This fact is determined by a geographical position of the capital, the presence of various research institutions and fully equipped laboratories, where synthetic drugs can be illegally produced, and a large number of chemists and pharmacologists, who can be forced into this illegal activity. The authors predict the increase of drug trafficking in Moscow and note that this upward trend will be comparable with the number of offenders. The authors also note the upward trend in the distribution and use of synthetic drugs.
Keywords:
production, rates, determinants, psychotropic substances, drug trafficking, megalopolis, drug abuse situation, crime, synthetic drugs, crime rate
Science and practice abroad
Reference:
Khalmuminov Zh.T., Narzullaev O.Kh.
Peculiarities of criminal responsibility in the environmental sphere
// The union of criminalists and criminologists.
2015. № 3.
P. 265-272.
URL: https://en.nbpublish.com/library_read_article.php?id=68375
Abstract:
The article considers the peculiarities of criminal responsibility in the environmental sphere and criminal responsibility for the violation of environmental law. It contains the authors’ proposals about the improvement of environmental and criminal legislation. At present, the issues of responsibility in the environmental sphere are one of the strategic directions of activities aimed at the protection from environmental degradation, depletion of natural resources, at citizens’ health protection and ecological safety of the state. Environmental responsibility has formed as an independent institution within the legal aspect of ecology, but for its appropriate functioning it is necessary to achieve the effective correlation of methods of impact and measures of environmentally friendly behavior of citizens. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal studies. The development, propaganda and practical application of agreements in the sphere of environmental problems and environmental protection is our duty, which should be based on integration. The efforts of different specialists of Central Asian states should be united. It is very important to integrate scientific cooperation and extend the educational space, enhance the cooperation between law enforcement agencies and customs, tax and other ministries and institutions in the sphere of environment.
Keywords:
environmental attorney, illegal logging, criminal responsibility, environmental offence, ecological responsibility, environmental responsibility, environmental safety, responsibility, legislation, International Environmental Court
Criminology
Reference:
Kiyashko L.V., Krapchatova I.N.
Prevention of animal abuse by minors
// The union of criminalists and criminologists.
2015. № 3.
P. 273-279.
URL: https://en.nbpublish.com/library_read_article.php?id=68376
Abstract:
The authors consider the key measures of prevention of animal abuse by minors. Taking into consideration that children, who are aggressive towards animals, or who are involved in the act of aggressiveness towards animals as witnesses, have a propensity for other severe crimes at a mature age, the authors suppose that to prevent such crimes, the state and the society should focus on the education of minors. Foreign scholars also suggest developing educational programs which would teach children, via interaction with animals, how to take care of them and to train animals correctly. The research methodology is based in dialectics, abstraction, analysis, synthesis, deduction, the formal-logical, comparative-legal, statistical methods and the method of intersectoral legal studies. In general, the propaganda of animal abuse is prohibited upon pain of administrative punishment, but this measure doesn’t work in practice. Therefore, it is necessary to introduce criminal responsibility for the propaganda of animal abuse, since the involvement in the acts of animal abuse as a witness or experiencing it with by means of mass media can have the same effect on the development of a child.
Keywords:
crime, causes, abandoned animals, surveys, veterinary institutions, minors, prevention, treatment, cruelty, animal
Criminal Procedure
Reference:
Moldovantsev D.N.
Control functions of the State Duma deputy in criminal cases
// The union of criminalists and criminologists.
2015. № 3.
P. 280-284.
URL: https://en.nbpublish.com/library_read_article.php?id=68377
Abstract:
The State Duma deputies are often asked to sort out criminal cases, which had been, in the opinion of the accused claimant, initiated illegally, or to interfere in the decision of the court. The author explains, why such claims are destined to be rejected by the deputy. The fact is that such claims fall behind the deputy’s competences. The Federal Law “On the status of the member of the Federation Council and the deputy of the State Duma” imposes control functions on the deputy, together with the legislative ones. Upon the enquiry of the deputy, the work of Kirzhach investigation department had been examined. During a month the case had been evoked and sent to the Office of Investigations of the Department of the Ministry of Internal Affairs of Vladimir region, to be considered by the special investigator. Thus, the heads of the investigation department had acknowledged the complexity and the specificity of the criminal case. Thanks to the deputy control, the case had been distinguished from the range of similar cases and successfully investigated. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal studies.
Keywords:
complaint, Criminal prosecution, Criminal case, Court, Law, The State Duma, claim, Investigator, report
Theory of Law and State
Reference:
Baranov V.M., Lavrent'ev A.R.
The procedure of detection, overcoming and elimination of law-making drawbacks as an element of the law-making culture
// The union of criminalists and criminologists.
2015. № 3.
P. 285-298.
URL: https://en.nbpublish.com/library_read_article.php?id=68378
Abstract:
The law-making culture inherently reflects the cultural level of the society. Consequently, the law-making culture includes several interconnected aspects of study: a definite level of the social culture development on the given stage; the form of human activity in the sphere of law-making; the legal culture level index. One of the law-making culture manifestations is, in the author’s opinion, the “correction of mistakes”. As any other form of human activity, law-making has its shortcomings, some of them can be qualified as mistakes – unintentional deviations from correct actions, deeds and thoughts, which lead to the difference between the expected or measured and the actual rate. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal method and the method of intersectoral legal studies. Recently, we can see several tendencies of systematization in Russian legislation. At the same time, the general systematization concept hasn’t been regulated, and we can discuss its forms, types, content and other elements. The study develops and clarifies the general theory of law, the theory of reconstruction of legislative drawbacks and the methodology of their overcoming on the base of the continual increase of the level of culture, including the culture of the legislator.
Keywords:
crime rate, damage, suppression, criterion, crime, prevention, struggle, individual, statistical data, prophylaxis
Theory of Law and State
Reference:
Baranov V.M., Lavrent'ev A.R.
The procedure of detection, overcoming and elimination of law-making drawbacks as an element of the law-making culture (continuation)
// The union of criminalists and criminologists.
2015. № 3.
P. 299-309.
URL: https://en.nbpublish.com/library_read_article.php?id=68379
Abstract:
The law-making culture inherently reflects the cultural level of the society. Consequently, the law-making culture includes several interconnected aspects of study: a definite level of the social culture development on the given stage; the form of human activity in the sphere of law-making; the legal culture level index. One of the law-making culture manifestations is, in the author’s opinion, the “correction of mistakes”. As any other form of human activity, law-making has its shortcomings, some of them can be qualified as mistakes – unintentional deviations from correct actions, deeds and thoughts, which lead to the difference between the expected or measured and the actual rate. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal method and the method of intersectoral legal studies. Recently, we can see several tendencies of systematization in Russian legislation. At the same time, the general systematization concept hasn’t been regulated, and we can discuss its forms, types, content and other elements. The fact that all the considered crimes are similar in their key principles from the position of the formation of traces, the range and the character of the carriers and the sources of forensic information, is very important for detection and solution of these crimes. This similarity is determined, first of all, by the logical connection of these crimes with economic activity and its fundamental patterns.
Keywords:
public administration, damage, crime statistics, crime prevention, crime, prevention, treatment, statistical data, criminality, prophylaxis
Civil Law. Business Law. Family Law. International Private Law
Reference:
Sakaeva K.U.
Evolution of the “moral damage” concept in Russian legislation
// The union of criminalists and criminologists.
2015. № 3.
P. 310-316.
URL: https://en.nbpublish.com/library_read_article.php?id=68380
Abstract:
The “moral damage” concept is central to studying the institution of moral damage compensation, which is understood as sufferings, physical and moral distress, caused by unlawful actions, and is considered as an independent institution of personal moral protection. The concept under consideration includes the moral categories which have been forming together with the society and known for centuries. Undoubtedly, these concepts had undergone evolutional changes, but their essence remained unchanged: evil, morality, culture, etc. The research methodology includes dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal, statistical methods and the intersectoral method of legal studies. In labor law, moral damage should be interpreted as causing physical and moral sufferings to the employee in the result of the violation of labor legislation by the employer, which had led to the deformation of labor relations and require compensation in any form: money, compensation services (reimbursement of expenses for education), or optional (depending on the capabilities of the employer).
Keywords:
Civil legislation, Morality, Compensation, Entity, Republic, Crime, compensation, Moral damage, Civil Code, Psychophysical being
Civil Law. Business Law. Family Law. International Private Law
Reference:
Morozov S.Yu., Medvedev E.V.
Rail traffic safety provision: civil and criminological aspects
// The union of criminalists and criminologists.
2015. № 3.
P. 317-329.
URL: https://en.nbpublish.com/library_read_article.php?id=68381
Abstract:
The article considers civil and criminological aspects of rail safety provision. The authors study the civil measures, applied for the regulation of social relations in the sphere of carriage of passengers and cargos. The authors analyze criminal threats to rail traffic safety and consider the problem of defining a list of internal and external threats to rail traffic safety. The article outlines the definition of the “rail traffic safety” concept in the criminal aspect. The authors conclude about the necessity to change some legislative formulations and amend the current version of the Criminal Code. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal sciences. Taking into consideration the state which is traditionally understood as a state of safety of the vital interests of the society in general, and at the same time bearing in mind the specificity of rail traffic, it is necessary to consider rail traffic safety not only as a safety from the dangers to life and health of people, but also as a threat to property interests, environmental system, etc.
Keywords:
penal mechanism, transport system elements, equipment, cargo, carriage, agreement, transport, transportation security, destruction, damage
Безопасность личности, общества, государства и международного сообщества
Reference:
Garmaev Yu.P.
Forensic science as an initiator of legal sciences and academic disciplines renewal in terms of the principle of competitiveness
// The union of criminalists and criminologists.
2015. № 3.
P. 330-343.
URL: https://en.nbpublish.com/library_read_article.php?id=68382
Abstract:
The author proves that the forensic science as an applied science can initiate the change and development of the paradigm of all legal sciences and academic disciplines. The current paradigm presumes the supremacy of the so-called “objective” legal position in criminal proceedings, therefore the majority of scientific and academic publications contain this sort of formulations: “The person has committed this or that, and his actions should be assessed only such-and-such, and it can be proved by such-and-such tactical methods, technical means and according to such-and-such procedure…” But whatever decision a practitioner makes, he makes it not as a mere abstract subject of law enforcement, but as a particular role bearer, and this role is always based on a certain corporative and/or competitive interest. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the comparative-legal, formal-legal and the intersectoral legal studies methods. The renewed paradigm is based on the principle of competitiveness of criminal proceedings in Russia and the countries of the European Union, and gives attention to the wide use of three legal positions - the position of the prosecution, the defense and the judge – in the forensic theory and practice. For example, the author considers the position of the investigator (the prosecution) and the peculiarities of his way of thinking: “Do I have the legal reasons, based on the facts which I consider to be established, to conclude about the qualification of crimes and their establishment according to the “most severe variant? What are the weakest points of my position? Will the successful defense change the position of the court?” Here we see a forensic way of thinking within a legitimate legal position, but not an unlawful “prosecutorial bias”. The author suggests to reconsider the traditional approaches of academic forensics and didactics, including the methodology and methods of practical and study guides composing. The proposed paradigm renewal will help the forensic science to acquire a special interdisciplinary status among legal sciences and academic disciplines, increase its applied significance and the attractiveness of its “products” for students and law enforcers.
Keywords:
expertise, proceedings, prevention, investigation, crime, competitiveness, paradigm, initiator, criminalistics, prosecution
Безопасность личности, общества, государства и международного сообщества
Reference:
Garmaev Yu.P.
Forensic science as an initiator of legal sciences and academic disciplines renewal in terms of the principle of competitiveness (continuation)
// The union of criminalists and criminologists.
2015. № 3.
P. 344-350.
URL: https://en.nbpublish.com/library_read_article.php?id=68383
Abstract:
The author proves that the forensic science as an applied science can initiate the change and development of the paradigm of all legal sciences and academic disciplines. The current paradigm presumes the supremacy of the so-called “objective” legal position in criminal proceedings, therefore the majority of scientific and academic publications contain this sort of formulations: “The person has committed this or that, and his actions should be assessed only such-and-such, and it can be proved by such-and-such tactical methods, technical means and according to such-and-such procedure…” But whatever decision a practitioner makes, he makes it not as a mere abstract subject of law enforcement, but as a particular role bearer, and this role is always based on a certain corporative and/or competitive interest. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the comparative-legal, formal-legal and the intersectoral legal studies methods. The renewed paradigm is based on the principle of competitiveness of criminal proceedings in Russia and the countries of the European Union, and gives attention to the wide use of three legal positions - the position of the prosecution, the defense and the judge – in the forensic theory and practice. For example, the author considers the position of the investigator (the prosecution) and the peculiarities of his way of thinking: “Do I have the legal reasons, based on the facts which I consider to be established, to conclude about the qualification of crimes and their establishment according to the “most severe variant? What are the weakest points of my position? Will the successful defense change the position of the court?” Here we see a forensic way of thinking within a legitimate legal position, but not an unlawful “prosecutorial bias”. The author suggests to reconsider the traditional approaches of academic forensics and didactics, including the methodology and methods of practical and study guides composing. The proposed paradigm renewal will help the forensic science to acquire a special interdisciplinary status among legal sciences and academic disciplines, increase its applied significance and the attractiveness of its “products” for students and law enforcers.
Keywords:
expertise, proceedings, prevention, investigation, crime, competitiveness, paradigm, initiator, forensic science, accusation
The young criminalists and criminologists
Reference:
Gulakov R.N.
The identity of the criminal acting within the shadow economy
// The union of criminalists and criminologists.
2015. № 3.
P. 351-360.
URL: https://en.nbpublish.com/library_read_article.php?id=68384
Abstract:
The author considers the problem of defining the concept of identity of the criminal in the sphere of the shadow economy in its correlation with the identity of the criminal, committing general crimes. The author analyzes the peculiarities, reasons and conditions of the formation of the identity of the criminal, acting within the shadow economy. The analysis of the problem of the identity of the criminal is not limited to the formulation of the central definition. Many criminologists have emphasized the necessity to consider the identity of the criminal more precisely. For example, the analysis of various sources shows that the profound study of the criminal identity in the shadow economy hasn’t been carried out so far. And it is necessary to fill this gap on the recent stage. The author applies the analytical, comparative and logical methods. Based on the experience of particular scholars, the author formulates his conclusions about the differences between the criminals, committing general crimes, and the criminals, committing crimes in the context of the shadow economy. The author presents different variants of identifying the criminal, acting in the context of the shadow economy. The author concludes that the identity of such a criminal is a multifaceted and heterogeneous phenomenon, depending on many objective and subjective factors. For the purpose of a more effective struggle against crimes in the shadow economy and their prevention, it is necessary to take the set of measures for the improvement of finance, tax and other branches of legislation, decrease of corruption in public authorities and increase of the level of social justice and the reduction of legal nihilism.
Keywords:
Shadow economy, neglect, damage, crime statistics, crime prevention, crime, prevention, evasion, fictitious economy, prophylaxis
The young criminalists and criminologists
Reference:
Karapetyan A.G.
Administrative responsibility for the violation of budget legislation
// The union of criminalists and criminologists.
2015. № 3.
P. 361-366.
URL: https://en.nbpublish.com/library_read_article.php?id=68385
Abstract:
The article considers the general issues of administrative responsibility in the sphere of budget and finance legislation provision and analyzes the current budget institution. The author applies the comparative-legal, dialectical and logical methods. The conclusions of the study can be used in the process of application of administrative responsibility for such offences. At present, there are two views on the question, what branch of law should the complex institution of responsibility be assigned to. According to one position, it is necessary to preserve the administrative responsibility provisions; according to another, it is necessary to maintain the supremacy of the Administrative Offences Code in this sphere. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal studies. The specificity of budget offences requires to establish a special period of limitation. During the previously established annual period, the measures of responsibility for the violations of budget legislation couldn’t be applied effectively. In accordance with the new version of the article 4.5 of the Administrative Offences Code, the new period of limitation for administrative offences in the budget sphere is two years. Yet another positive moment is the correlation of some compositions of administrative offences in the Administrative Offences Code with the types of budget offences in the Budgetary Code. Now the Budgetary Code contains only five types of budget offences, and all of them have the corresponding compositions of administrative offences.
Keywords:
offence, provisions, financial and legal responsibility, administrative responsibility, budget legislation, conviction, restrictions, budget, guarantees, compensation
Writer-publicist criminalist-criminologist
Reference:
Markuntsov S.A., Markuntsova I.A.
A.N. Radishchev - a “revolutionary” of Russian criminal law
// The union of criminalists and criminologists.
2015. № 3.
P. 367-370.
URL: https://en.nbpublish.com/library_read_article.php?id=68386
Abstract:
Alexander Nikolayevich Radishchev was a well-known prosaist, poet and thinker, who, according to the definition of Catherine the Great, was a “rebel worse than Pugachev”, and in fact was a scientific revolutionary of Russian criminal law.
His views toward criminal law Radishchev developed in almost every work on jurisprudence. His works are marked with broad expertise and sound generalizations, reflecting the sharp intelligence of a lawyer and a historian, a philosopher and a sociologist. Radishchev tried to realize his legal ideas in the form of legislative projects within the tsarist state system… The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal sciences. A.N. Radishchev proposed a comprehensive, scientifically founded model of criminal law. Depending on the value priorities of the legal system, the model of criminal law, proposed by Radishchev, can be qualified as a person-centered model. This model of criminal law is one of the first doctrinal models in the context of Russian criminal law.
Keywords:
Criminal Law, Restraint of liberty, Criminal, Criminal Code, Crime, Revolutionary, legal ideas, execution, State, Security
Writer-publicist criminalist-criminologist
Reference:
Matskevich I.M.
New adventures of Crispus (continuation)
// The union of criminalists and criminologists.
2015. № 3.
P. 371-374.
URL: https://en.nbpublish.com/library_read_article.php?id=68387
Abstract:
- Comrades military attorneys and investigators! What should we do?
The attorney walked through the room to the opposite corner.
- That’s what I think! We have all the reasons to place our sergeant Poluektov in detention. And I don’t care where he is.
- Comrade General! I ask you to raise an alarm and give me ten armed first year service soldiers, fully armed according to the personnel chart, who had taken the oath. I request to be given a full munition package. I request the rest of soldiers to be embattled on the square and wait for my command.
The prosecutor, on the contrary, had got an award and left for a more prestigious place to head the prosecutor’s office with a fat salary and in the capacity of the general. Paradoxically, his elevation is connected with the grief of my friend – the head of the division.
- That’s right, it is exactly what I’d supposed. It was intuition, a light flash, an ungrounded guess. That’s why I hadn’t told you anything. And only after the attack on me I understood that I’d been right. It wasn’t a revenge; it was a fear of losing the most beloved person. Love instigates people to a murder, of course, if they aren’t out of their mind. Though, people in love are exactly those out of mind.
Keywords:
convicted, damage, crime, crime prevention, prevention, crime, youth, accused, treatment, Murder