Citations count: 2
Reference:
Borisov S.V. —
Problems of imposition and implementation of criminal liability for a fake registration at the place of residence in a living accommodation in the Russian Federation
// The union of criminalists and criminologists.
– 2015. – № 1.
– P. 135 - 143.
DOI: 10.7256/2310-8681.2015.1.18598 URL: https://en.nbpublish.com/library_read_article.php?id=18598
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Abstract:
The article 322 of the Criminal Code of the Russian Federation provides for the liability for a fake registration of a citizen of the Russian Federation at the place of residence in a living accommodation in the Russian Federation and a fake registration of a foreign citizen or a stateless person at the place of residence in a living accommodation in the Russian Federation. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logic method, statistical and other methods of scientific cognition. The last criminalization criterion runs that criminalization shouldn’t be carried out if struggle against such a socially dangerous act can be possible and effective using other, more gentle measures. The author supposes that it would be more effective and consistent to impose administrative liability for a fake registration at the place of residence, and penal prohibition should be connected with administrative prejudgement and (or) a particular number of cases of a fake registration.
Citations count: 2
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.
DOI: 10.7256/2310-8681.2015.3.20539 URL: https://en.nbpublish.com/library_read_article.php?id=20539
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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.
Citations count: 2
Reference:
Matskevich I.M. —
The transcript of the meeting of the Union of Criminalists and Criminologists, 4 April 2015, Moscow
// The union of criminalists and criminologists.
– 2015. – № 1.
– P. 104 - 108.
DOI: 10.7256/2310-8681.2015.1.19045 URL: https://en.nbpublish.com/library_read_article.php?id=19045
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Abstract:
The transcript contains the description of the problems discussed during the ordinary meeting of the Union of Criminalists and Criminologists which initiated the round-table devoted to crime rrevention. The paper demonstrates the report of the President of the Union of Criminalists and Criminologists about the work done and the texts of the scientists’ reports. In particular, it contains the transcripts of the reports by V.E. Eminov, A.P. Kuznetsov, A. Ya. Grishko. In the result of the round-table the meeting adopted a resolution. The transcript runs that the Union carries out difficult and necessary work aimed at the Union promotion. The speakers have been offered an opportunity to publish their reports in the journal of the Union of Criminalists and Criminologists. The guides to authors can be found on the website.
Citations count: 2
Reference:
Chashnikov V.A. —
Anticorruption education in the internal affairs bodies of the Russian Federation (the case of the Ural Law Institute of the Ministry of Internal Affairs of the Russian Federation)
// The union of criminalists and criminologists.
– 2014. – № 4.
– P. 290 - 294.
DOI: 10.7256/2310-8681.2014.4.15769 URL: https://en.nbpublish.com/library_read_article.php?id=15769
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Abstract:
The article considers anticorruption education as an effective measure of corruption prevention in the bodies of internal affairs of the Russian Federation. The author describes the experience of teaching of the discipline “Corruption Prevention in the internal affairs bodies and the formation of anticorruption behavior of the officers” on the example of the Ural Law Institute of the Ministry of Internal Affairs of the Russian Federation, according to the qualifying requirements to the graduates of the specialities 031001.65 (Law-enforcement activity) and 030901.65 (Legal Provision of National Security). The author applies general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), legal methods (formal-logical) and the methods of special sociological research (the statistical methods, expert assessment, etc.). The author supposes that anticorruption education is one of the most important measures of corruption prevention in the internal affairs bodies. The author concludes that it is aimed at the acquisition and renewal of knowledge, improvement of the officers’ skills in the sphere of corruption combating and the formation of anticorruption standard of behavior. Moreover, anticorruption education of the internal affairs officers should cover general issues of the government anticorruption policy, the experience of foreign states in the sphere of corruption prevention, criminal legislation and special measures and mechanisms of corruption prevention, implemented in the internal affairs bodies (income and expenditure reports, property and property commitments reports, informing about inclination to commit corruption offences, anticorruption inspections, etc.).
Citations count: 1
Reference:
Nikitenko I.V. —
Criminological study of migration security in the Asian part of Russia
// The union of criminalists and criminologists.
– 2014. – № 4.
– P. 358 - 364.
DOI: 10.7256/2310-8681.2014.4.15825 URL: https://en.nbpublish.com/library_read_article.php?id=15825
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Abstract:
The study of criminological aspects of migration security provision in the Asian part of Russia allows arguing that the situation with migration in different parts of the Russian Federation is heterogeneous; thus, the criminogenic factors, caused by such heterogeneity, are also different. Therefore, the author supposes that there are differences in the character and intensiveness of migratory processes, which can influence the dynamics of the related criminogenic factors formation. The article focuses on the “migration security”. The methodology of the research is based on the unification of sectoral and geographical components of the studied questions in a single construction. The author substantiates the complex of measures, aimed at the protection of public and government interests from particular challenges; this complex can be generally characterized as a criminological paradigm of migration security provision in Russia with regard to the regional peculiarities of some territories. The achievement of the research goals is connected with the implementation of particular methodological approaches and the solution of a set of scientific tasks.
Citations count: 1
Reference:
Kadnikov N.G. —
The category of grave crimes in the Soviet criminal law
// The union of criminalists and criminologists.
– 2014. – № 4.
– P. 368 - 375.
DOI: 10.7256/2310-8681.2014.4.16540 URL: https://en.nbpublish.com/library_read_article.php?id=16540
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Abstract:
The analysis of criminal legislation after 1917 shows that, due to certain objective and subjective factors, there’s been no proper continuity in relation to the norms of classification of crimes. The class approach had prevailed in the formation of various groups and types of criminal deeds, and later crimes classification completely lost its practical meaning. The imperfection of crimes classification in the existing legislation was noted by 96% of practitioners and 92% of scientists interviewed during the expert survey of specialists. 91% of the interviewed scientists and 88% of practitioners voted in favor of amending of the General part of the criminal code with a special norm of crimes classification with the consideration of their social danger. The methodology of the research is based on the theoretical provisions of materialistic dialectics, philosophical literature and logic. As the legal base the author applies the provisions of the current criminal, procedural, correctional and other branches of law. The author pays attention to the analysis of criminal legislation of pre-revolutionary Russia and other states. Many aspects of the work are considered in their relation to the development of the fundamentals of criminal legislation of the USSR and the republics which had been adopted on July 2, 1991. The candidate offers the version of the article about the grave crimes category:
1. Grave crimes are intentional deeds infringing on life and health of a person, property, management, activity of public authorities and tribunals, committed in dangerous ways and causing grave consequences, which lead to the deprivation of liberty for the term of 5-10 years.
2. The law defines the following groups of grave crimes:
- grave crimes A which are punished by deprivation of liberty for the term of 8-10 years;
- grave crimes B which are punished by deprivation of liberty for the term of 6-8 years;
- grave crimes C which are punished by deprivation of liberty for the term of 5-6 years.
In the conclusion the author formulates the main finding of the dissertation, the most important of which are listed in this article.
Citations count: 1
Reference:
Rasulova N.S. —
Problems of assignment and execution of judicial expertise when checking the reports about economic crimes
// The union of criminalists and criminologists.
– 2014. – № 4.
– P. 282 - 286.
DOI: 10.7256/2310-8681.2014.4.15426 URL: https://en.nbpublish.com/library_read_article.php?id=15426
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Abstract:
The article analyzes the current condition of assignment and execution of judicial expertise when checking the reports about economic crimes. The scale of economic crime and its spread, the growing criminal expansion in economics are among the most important problems of the society and the state. Economic crime threats the stability of economic institutions; it is one of the main sources of destructive impact on the processes of social, economic and political development of the country. On the base of the conducted research the author reveals the contradictions and drawbacks of penal legislation, impeding the realization of the mission of penal legislation. The author applies general scientific and the special scientific methods of research: analysis, synthesis, the structural-logical method, the statistical method and other methods of scientific cognition. On the base of the analysis of the current condition of assignment and execution of judicial expertise, using the abovementioned methods, the author formulates the factors, impeding the effective application of the norms of penal legislation of the Russian Federation.
Citations count: 1
Reference:
Koloshinskaya N.V. —
Problems of stealing prevention in prisoner of war camps on the territory of Leningrad and Leningrad oblast in the late 1940s
// The union of criminalists and criminologists.
– 2015. – № 1.
– P. 66 - 71.
DOI: 10.7256/2310-8681.2015.1.18593 URL: https://en.nbpublish.com/library_read_article.php?id=18593
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Abstract:
In the Soviet legal doctrine stealing of state and public property was considered as an infringement on the economic basis of the state. In terms of a permanent shortage of goods of prime necessity stealing of state and public property was qualified as a dangerous, damaging crime. According to the legislation of that period, the inquiry bodies, prosecution agencies and courts were responsible for implementation of the principle of unavoidability of punishment, the completeness and objectivity of adjudication of all stealing, appropriation and peculation cases wherever they had been happening. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logical method, statistical and other methods of scientific cognition. The archive documents analysis shows that in many units of Leningrad directorate of prisoners of war and interned the head’s term of office depended upon the position of his patrons in the superior bodies. Thus, the head of the camp department No 21 of the directorate of prisoner of war camps No 339 of the Ministry of Internal Affairs of the Soviet Union M. Pavlov was fired from the system of internal affairs by the decree of the head of the Regional Office of the Ministry of Internal Affairs of the Soviet Union in Leningrad oblast No 628 of 1 November 1946 for a regular abuse of official position for lucrative purposes. The evidences were taken to the personnel department of the Regional Office of the Ministry of Internal Affairs to be attached to his personal profile.
Citations count: 1
Reference:
Barkov A.V., Volkov A.V. —
On legal qualification of illegal business activities of a pawnshop as a multisectoral problem: criminological analysis of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation
// The union of criminalists and criminologists.
– 2015. – № 1.
– P. 126 - 134.
DOI: 10.7256/2310-8681.2015.1.19182 URL: https://en.nbpublish.com/library_read_article.php?id=19182
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Abstract:
The article is devoted to the problems of legal qualification of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation. Using the criminological analysis of this crime, the authors draw attention to the inconsistent interpretation of the article 2 of the Federal Law “On Pawnshops” (prohibiting population loan agreements for the purpose of working capital financing) by the Bank of Russia, based on the identification of profitable legal activities, as specified in the article 2 of the Civil Code of the Russian Federation, with economic activities connected with the general ability of legal entities to execute civil transactions. It is necessary to consider specific terminology of civil, banking and tax legislation when qualifying these relations. The authors apply general methods of analysis and comparison and analyze the legislative construction of stealing objects of special value and the moment of the end of this crime. Borrowing of money by pawnshops using loan agreements, until at least the judicial requalification of transactions, doesn’t infringe the Federal Law “On Banks and Banking” and the chapter 44 (Bank Deposit) of the Civil Code of the Russian Federation, and lies within the framework of the general legal capacity of a pawnshop; it doesn’t coincide with the signs of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation.
Citations count: 1
Reference:
Kuanalievad 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.
DOI: 10.7256/2310-8681.2015.3.20536 URL: https://en.nbpublish.com/library_read_article.php?id=20536
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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.
Citations count: 1
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.
DOI: 10.7256/2310-8681.2015.3.20975 URL: https://en.nbpublish.com/library_read_article.php?id=20975
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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.
Citations count: 1
Reference:
Kadnikov N.G. —
The category of grave crimes in the Soviet criminal law
// The union of criminalists and criminologists.
– 2014. – № 4.
– P. 376 - 382.
DOI: 10.7256/2310-8681.2014.4.16261 URL: https://en.nbpublish.com/library_read_article.php?id=16261
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Abstract:
The new reforms in our state and society presuppose the need for cardinal changes in the legislative activity. The important role of the criminal law concerns the future of the society and its members. While reforming criminal legislation, it is necessary to take into account that its standards and principles of humanism and justice should consider the experience of the criminal-legal system and pre-revolutionary Russia. All positive moments of the Soviet criminal law need to be taken into consideration. The methodology of the research includes the theoretical provisions of dialectical materialism, philosophy and logic. As the legal base the author uses the provisions of criminal law, criminal-procedural legislation, correctional legislation and the provisions of other branches of law. The category of grave crimes is a special group of premeditated crimes causing serious consequences. This definition should be included in the Criminal Code. The author offers several amendments to the content concerning grave crimes. The characteristics, determining the definition of grave crimes, should be preserved as a base for the decision about the inclusion of a particular crime in the category of grave crimes.
Citations count: 1
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.
DOI: 10.7256/2310-8681.2015.3.20538 URL: https://en.nbpublish.com/library_read_article.php?id=20538
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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.
Citations count: 1
Reference:
Deryugin R.A. —
On the issue of use of the Universal Forensic Extraction Device (UFED) for analysis and processing of data about subscribers and (or) subscribers’ devices
// The union of criminalists and criminologists.
– 2015. – № 1.
– P. 162 - 165.
DOI: 10.7256/2310-8681.2015.1.19037 URL: https://en.nbpublish.com/library_read_article.php?id=19037
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Abstract:
The paper considers some aspects of use of the Universal Forensic Extraction Device (UFED) in investigation and expert practices. The author describes the essence of this device and its technical capabilities, and explains the necessity to use it by agencies of preliminary investigation. Moreover, the author raises the issues of procedural registration of the results of the collection of data about subscribers and (or) subscriber devices using UFED, and offers the ways to solve them. The author applies the set of general scientific and special research methods including the normative-logical method, the system method, analysis, synthesis, deduction, induction and others. The novelty of the research consists in the fact that nowadays, due to the increase of the number of mobile devices and registered subscribers, including criminals, the information, transmitted via mobile devices, should be controlled. The analysis and processing of the information about connections between subscribers and (or) devices is one of the promising directions of the forensic ensuring of criminal investigations.
Citations count: 1
Reference:
Matskevich I.M. —
The resolution of the Union of Criminalists and Criminologists meeting at the Kutafin Moscow State Law University, 4 April 2015
// The union of criminalists and criminologists.
– 2015. – № 1.
– P. 109 - 110.
DOI: 10.7256/2310-8681.2015.1.19046 URL: https://en.nbpublish.com/library_read_article.php?id=19046
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Abstract:
The resolution contains the results of reports of the participants of the “Crime prevention” round-table. The paper demonstrates the results of the reports, including the following statements: it is necessary to continue and enhance the legislative work in the sphere of crime prevention measures increase, especially on the stage of execution of a punishment, and to pay attention to a bad quality of prevention measures; it is necessary to reconsider the current condition of crime prevention; it is necessary to clarify the notion of criminological policy as a system of administrative measures implemented by the government for crime prevention by means of legal impact on a person, the reasons and conditions causing crimes with the purpose of crime prevention; it is necessary to admit the need for the national concept of organized crime prevention; it is necessary to pay attention to the level of coordination of criminal and social branches of law in the sphere of crime prevention and to develop an optimal criminological model able to neutralize the negative processes of social relations criminalization; the criminological expertize of all bills, relating to crime prevention, should be compulsory; it is necessary to change the ideas about crime prevention. The transcript is signed by the President of the Union of Criminalists and Criminologists I.M. Matskevich.
Citations count: 1
Reference:
Zaitsev O.A. —
Problems of government protection of the participants of criminal proceedings
// The union of criminalists and criminologists.
– 2014. – № 4.
– P. 261 - 269.
DOI: 10.7256/2310-8681.2014.4.15557 URL: https://en.nbpublish.com/library_read_article.php?id=15557
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Abstract:
The article deals with the problems of government protection of the participants of criminal proceedings. This institution had developed only in the last decade of the 20th century. The author pays particular attention to the problems of investigators protection. The scope of factual and scientific materials relating to the problems of government protection of the participants of criminal proceedings raises the tasks of their systematization and interpretation. The author applies general and special scientific methods of analysis, synthesis, and comparison, the functional method and the systems approach. The research shows that at present, the illegal pressure on witnesses, aggrieved persons, judges, investigators and other participants of criminal proceedings has become a complicated and multifaceted social and legal problem. Recently, this new phenomenon has spread on practically all categories of criminal cases. The author also outlines the priority directions of study of this problem.