Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
I.A. Kalinichenko
Krasnodar University of the Ministry of Internal Affairs of Russia
// The union of criminalists and criminologists.
2013. № 2.
P. 13-14.
URL: https://en.nbpublish.com/library_read_article.php?id=63670
Abstract:
Federal State Budget Educational Institution of Higher
Professional Education “Krasnodar University of the Ministry of Internal
Affairs of the Russian Federation” starts its history since the 11th of
March, when in Krasnodar a school for professional development for
the militia offi cers of MIA USSR was founded. In 1983, the educational
institution was transformed into a special intermediate school of militia,
in 1994 it was transformed into Juridical Institute, in 2003 — into
Academy, in February 2006 — into University of MIA of Russia. For its
history, the educational institution trained almost 40 thousand specialists
for Russia, countries of the far-abroad and neighboring countries, such
as Vietnam, Guinea, Cuba, Nicaragua. The staff of the University many
times participated in the events, aimed at the securing of law and order
and criminality counteraction in different regions: in the Trans-Caucasian
Region, Central Asia, within the territory of the former Yugoslavia,
in Western Timor. For personal bravery and courage, demonstrated at
service, more than a hundred offi cers of the staff were awarded medals.
For several years, the University stays among the number of the
best educational institutions of the higher professional education of the
Ministry of Internal Affairs of Russia.
Keywords:
Krasnodar University of the Ministry of Internal Affairs of the Russian Federation, University of MIA of Russia
Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
A.N. Ilyashenko
The Problems of Criminal Politics Discussed
// The union of criminalists and criminologists.
2013. № 2.
P. 15-16.
URL: https://en.nbpublish.com/library_read_article.php?id=63671
Abstract:
on the 27th of September of 2013, in Krasnodar University
of MIA of Russia, the IV International Scientifi c Practical Conference
“Contemporary Problems of Criminal Politics” was held. In the work
of the Conference, the representatives of 26 educational and scientifi c
institutions of Russia and abroad took part, as well as the offi cials of
practitioner departments — Head Department of the MIA of Russia in
Krasnodar Territory and Transport Managing Department of the MIA
of Russia within the Southern Federal Region.
Keywords:
Krasnodar University of MIA of Russia, criminal politics, conference
Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
V.N. Grigoriev
Beginning of the Criminal Proceedings: System of Suppressions and Counterbalance
// The union of criminalists and criminologists.
2013. № 2.
P. 17-21.
URL: https://en.nbpublish.com/library_read_article.php?id=63672
Abstract:
the author concludes about the necessity of changes
in the scientifi c aims: instead of studying the question about the admission
of verifi cation activity, investigatory actions and measures of
procedural compulsion before the opening a criminal investigation, it
is necessary to develop a system of suppressions and counterbalance,
defi ning the adequate barrier of criminal investigation and factors of
lability of the system.
Keywords:
criminal proceedings, preliminary investigation on the criminal case, opening a criminal investigation
Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
A.G. Kibalnik
Release from Criminal Responsibility: New Perspectives
// The union of criminalists and criminologists.
2013. № 2.
P. 22-24.
URL: https://en.nbpublish.com/library_read_article.php?id=63673
Abstract:
the author analyses the following questions: 1) general
statements on the release from criminal responsibility; 2) release from
criminal responsibility because of active repentance; 3) release from
criminal responsibility because of the reconciliation with the victim; 4) release
from criminal penalty on cases on economical crimes; 5) release
from criminal responsibility because of expiry of periods of limitations.
Keywords:
criminal responsibility, release, active repentance, reconciliation with the victim, cases on economical crimes, expiry of periods of limitations
Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
A.P. Kuznetsov
Criminal Politics: Interdepartmental Collisions in the Criminal Law and Interdepartmental Collisions
// The union of criminalists and criminologists.
2013. № 2.
P. 25-30.
URL: https://en.nbpublish.com/library_read_article.php?id=63674
Abstract:
the author analyses collisions in criminal law and interdepartmental
collisions.
Keywords:
criminal politics, criminal law, interdepartmental collisions
Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
G.Y. Lesnikov
Criminal Politics as a Strategy and Tactics of Criminality Counteraction
// The union of criminalists and criminologists.
2013. № 2.
P. 31-34.
URL: https://en.nbpublish.com/library_read_article.php?id=63675
Abstract:
the authoranalyses the following questions: 1) theoretical
questions of criminal politics, including the problems of its formation;
2) realization of criminal politics on the federal and regional levels;
3) maintenance of regional criminological researches is still vital for
getting a more detailed picture of criminality in the Russian Federation.
Keywords:
criminal politics, strategy, tactics, criminality counteraction, realization of politics, criminological research
Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
A.Kh. Mindagulov
Has the Trial Jury any Alternative?
// The union of criminalists and criminologists.
2013. № 2.
P. 35-39.
URL: https://en.nbpublish.com/library_read_article.php?id=63676
Abstract:
nowadays, an active work is held on the preparation
of a new edition of the Criminal Procedural Code of the Republic of
Kazakhstan. It is desirable, that it would take into account the critical
notes to the trial jury. Butprobablynothingchanges. In spite of the fact,
that in the project of a new Criminal Procedural Code, thirty-six (608-
643) chapters are devoted to the legal proceedings with the participation
of the jury (thus, only one chapter including 15 paragraphs are devoted
to the trial jury in the old one), everything remains as it is, i.e. there is
only the visibility of the trial jury.
Keywords:
trial jury, new edition of the Criminal Procedural Code, the Republic of Kazakhstan
Региональное Отделение Союза криминалистов и криминологов в России. Региональное Отделение Союза криминалистов и криминологов в Южном Федеральном Округе
Reference:
A.S. Podshibyakin
Legal Bases of Criminalist Investigation
// The union of criminalists and criminologists.
2013. № 2.
P. 40-45.
URL: https://en.nbpublish.com/library_read_article.php?id=63677
Abstract:
the author proposes the following system of normative
operative acts, making the legal foundation of criminalist investigation:
1. The Constitution of the Russian Federation; 2) International Treaties,
universally recognized principles and norms of the international
law; 3) Decisions by the Constitutional Court of the Russian Federation:
4) Federal Codes (the Criminal Code of RF, Criminal Procedural
Code of RF, etc), Federal Laws; 5) Normative acts of the Ministries
and Departments; 6) Decrees by the Plenum of the Supreme Court of
the Russian Federation. The legal basis of criminalist investigation as
a system contributes to its development and prevention of law violations
when solving problems of criminalist maintenance of detection
and investigation of crimes.
Keywords:
criminalist investigation, legal system, normative legal acts
Международный круглый стол
Reference:
E.A. Antonyan
Penalty in the Form of Freedom as an Object of Theoretical Research
// The union of criminalists and criminologists.
2013. № 2.
P. 46-49.
URL: https://en.nbpublish.com/library_read_article.php?id=63678
Abstract:
the article is devoted to the penalty in the form of freedom
deprivation as a theoretical model of a specifi c social system. Thus,
this system is limited by internal and outer factors. Special attention is
given to the internal factors, among which the regime of servicing the
sentence is pointed out.
Keywords:
penitentiary politics, system, regime
Международный круглый стол
Reference:
N.F. Bodrov
Reviewing the Conclusions by the Handwriting Experts (Graphologists)
// The union of criminalists and criminologists.
2013. № 2.
P. 50-53.
URL: https://en.nbpublish.com/library_read_article.php?id=63679
Abstract:
in the article, the author points out the necessity of a
unifi ed understanding and evaluation of the conclusions, done by the
handwriting experts. There are two completely opposite approaches to
the evaluation of the conclusions: one of them is narrow, the other is
lateral. The author substantiates the necessity of the elaboration of theoretical
approaches, aimed at the solution of this task, by means of which,
thus, the author proposes to create a unifi ed methodological reference
for the experts.
Keywords:
expert conclusion, reviewing, quality.
Международный круглый стол
Reference:
S.V. Borisov
Problems of Formation of the International Legal Notion of Extremism and Crimes of Extremist Character
// The union of criminalists and criminologists.
2013. № 2.
P. 54-59.
URL: https://en.nbpublish.com/library_read_article.php?id=63680
Abstract:
the author claims about the problem of the unifi cation
of legal means in counteraction to extremism and in stimulation of international
cooperation in the sphere. The author presents legal defi nitions
of extremism from different legal sources, including international legal
acts (Shanghai Convention). The author makes their analysis.
Keywords:
extremism, conventions, model law
Международный круглый стол
Reference:
O.L. Dubovik
On the Necessity of Elimination of the Misbalance between the Evaluation of the Social Danger
and the Punishability of Ecological Crimes according to the Chapter 26 of the Criminal Code of RF
// The union of criminalists and criminologists.
2013. № 2.
P. 60-65.
URL: https://en.nbpublish.com/library_read_article.php?id=63681
Abstract:
the author says about the problems of environmental
protection by criminal legal means. The author makes the analysis of a
new criminal legislation of Russia, aimed at the prevention of violations
the rules of environmental protection within action, violation of rules of
ordinance of hazardous substances and wastes, land devastation, destruction
of critical habitats for the organisms, noted into the Red Book of the
Russian Federation, violation of the regime of specially protected natural
territories and natural objects. These innovations are critically refl ected.
Keywords:
environment, social danger, prohibition
Международный круглый стол
Reference:
G.A. Esakov
Negative Features of the Corpus Delicti
// The union of criminalists and criminologists.
2013. № 2.
P. 66-71.
URL: https://en.nbpublish.com/library_read_article.php?id=63682
Abstract:
comparatively, at the example of the German Criminal
Code, the author critically analyzes the notion of the corpus delicti
according to the criminal legislation of Russia. In the same aspects,
the aroused questions are analyzes regarding the general law and the
continental law. The author concludes, that it is necessary to create a
normative legal construction, which can have a conditional name —
«negative features of corpus delicti”. This construction should include
the circumstances, excluding criminal responsible.
Keywords:
corpus delicti, negative features of crime, positive features of crime
Международный круглый стол
Reference:
O.A. Zaytsev
Institute of the Criminal Procedural Detention according to the Legislation of the Russian Federation
and the Federative Republic of Germany
// The union of criminalists and criminologists.
2013. № 2.
P. 72-77.
URL: https://en.nbpublish.com/library_read_article.php?id=63683
Abstract:
comparatively, the author analyses the problems, connected
with the detention of a person, accused or suspected in a crime.
The author concludes, that the critics of the modern criminal procedural
legislation of Russia is adequate. Comparatively, the author makes the
foundation for detention, provided by the legislation of RF and FRG.
Special attention is given to the detention at the place of crime and to
the special features of the so-called “all-possible” detention.
Keywords:
detention, the suspect, investigator, prosecutor
Международный круглый стол
Reference:
A.N. Ilyshaenko
Criminal Responsibility for Crimes of Extremist Character according to the Criminal Code of RF
and the Criminal Code of the Federative Republic of Germany: Comparative Legal Analysis
// The union of criminalists and criminologists.
2013. № 2.
P. 78-83.
URL: https://en.nbpublish.com/library_read_article.php?id=63684
Abstract:
comparatively, the author analyses the different types of
criminal responsibility for extremist crimes at the example of FRG and
the Russian Federation. The author concludes, that normative regulations
of criminal legal means of counteraction to extremist according to the
CC of RF and in the Criminal Code of FRG have a lot in common. Comparative
legal analysis of norms of criminal responsibility for extremist
crimes is a presupposition for the further perfection of the mechanism
of prevention of this type of crimes.
Keywords:
extremism, aggression, preventive potential, legislation
Международный круглый стол
Reference:
N.G. Kadnikov
Novels of the Russian Criminal Legislation on the Categorization of Crimes
// The union of criminalists and criminologists.
2013. № 2.
P. 84-91.
URL: https://en.nbpublish.com/library_read_article.php?id=63685
Abstract:
theauthortellsabouttheclassifi cationofcrimesasanecessarypartofthedifferentiationofcriminalresponsibility.
Theauthorpresentsandcriticallyanalysestheclassifi
cationsofdifferentcountries, including-
England, theUSA, France, Germany. RegardingRussia, theauthoranalysespositiveandnegativeconsequencesoftheintroductionofcriminaloffenceintothecriminallegislation.
Keywords:
classifi cation, crime, criminal responsibility
Международный круглый стол
Reference:
A.V. Kovalchuk
Electric Energy as a “Subject” of Theft or Property Damage? Analysis of Legislative
and Scientifi c Approaches
// The union of criminalists and criminologists.
2013. № 2.
P. 92-95.
URL: https://en.nbpublish.com/library_read_article.php?id=63686
Abstract:
theauthormakestheanalysisofcriminallegislationofdifferentcountriesfornon-
paymentfortheconsumedelectricenergy. The
importance of the problem is pointed out by the fact that such responsibility
is provided in Japan, France, Ukraine, Moldova, and in some
other countries. The author concludes, that according to the Russian and
Belorussian criminal legislation, encroachment on the electric energy is
understood not as a theft, but as a type of infl iction of property damage
without any features of theft.
Keywords:
electric energy, criminal responsibility, theft
Международный круглый стол
Reference:
I.M. Matskevich
Ten Causes of Criminality
// The union of criminalists and criminologists.
2013. № 2.
P. 96-99.
URL: https://en.nbpublish.com/library_read_article.php?id=63687
Abstract:
the author presents basic points of view on the causes
of crimes. The author makes a comparative analysis of the ways, how the causes of crimes are detected in Russia and the USA. The author
presents his own point of view on the modern problems of criminality,
aroused by the epoch of globalization.
Keywords:
causes of criminality, global science, ethnic strife
Международный круглый стол
Reference:
V.N. Orlov
Contents of Servicing Criminal Penalty: Notion and Elements
// The union of criminalists and criminologists.
2013. № 2.
P. 100-103.
URL: https://en.nbpublish.com/library_read_article.php?id=63688
Abstract:
questions, connectedwiththeservicingofcriminalpenaltyshouldbemoreeffectivelystudiedbytheanalysisofthecontentsofthepenaltyservicing.
Itisnecessarytopointout, thatthetheoryofcontentsofservicingcriminalpenaltywasstudiednotonlyintheworksbytherepresentativesoftheRussianJuridicalschool,
butalsointheworksbymodernjurists.
Thecontentsofservicingcriminalpenaltyformsfourgroupsoffeaturesorelements:
1) object, 2) objectiveside; 3) subject, 4) subjectiveside. The contents
of servicing criminal penalty need not only additional legislative
regulations, but also a further detailed studying.
Keywords:
penalty contents, criminal penalty, elements of the contents of servicing criminal penalty, servicing the penalty, object of penalty servicing, subject of penalty servicing,
Международный круглый стол
Reference:
T.G. Ponyatovky
Objects of Crimes against Property and Quality of Criminal Legal Protection
// The union of criminalists and criminologists.
2013. № 2.
P. 104-107.
URL: https://en.nbpublish.com/library_read_article.php?id=63689
Abstract:
the author analyses the problems of quality of the criminal
legal protection of property. He claims, that the right of intellectual
property should be regarded as an object criminal legal protection with
all the provided practical consequences. It is not clear, what is protected
by the Russian criminal law: the property right, its elements, subjects
of property, separate interests of the subjects of property), its legal or
property wealth or property as some abstract juridical phenomenon.
Keywords:
quality, intellectual property, protection
Международный круглый стол
Reference:
A.I. Rarog
Responsibility for Bribery according to the Legislation of Russia and Germany
// The union of criminalists and criminologists.
2013. № 2.
P. 108-111.
URL: https://en.nbpublish.com/library_read_article.php?id=63690
Abstract:
comparatively, the author analyses the corpus delicti
of crimes, providing responsibility for bribery according to the legislation
of Germany and Russia. The author concludes, that the legislation
of Germany, form the point of view of the juridical technique, is more
adequately formulates the corresponding legal norms. The author proposes
to take into account the experience of the German colleagues by
the Russian specialists, including coordination of the terms of penalty
for participation in bribery.
Keywords:
offi cial, bribery, responsibility
Международный круглый стол
Reference:
N. Tupancheski
Science of the Criminal Law and Its Correspondence to the Other Fields of Science on Criminality
// The union of criminalists and criminologists.
2013. № 2.
P. 112-115.
URL: https://en.nbpublish.com/library_read_article.php?id=63691
Abstract:
the article is devoted to the theoretical problems of the
science of criminal law as a fi eld of knowledge of the positive criminal
law. Theauthorclaims, thatthecriminallawscienceisanthropocentricasitsmainattentionisgiventohuman.
Moreover, some disciplines should be
studied, which do not correspond directly to the subject of the criminal
law in its typical understanding, such as criminal politics, economical
criminal law, medical criminal law and criminal law in informational
technologies. The author concludes, that the criminal legal science faces
serious challenges of nowadays.
Keywords:
science, criminal law, human
Трибуна ВУЗА
Reference:
O.A. Zaytsev, V.N. Orlov
International Round-Table Discussion on the Topic “Measures of Compulsion
in Criminal Law and Criminal Procedure of Russia and Germany”
(Moscow Academy of Economics and Law (Moscow), November 20, 2013)
// The union of criminalists and criminologists.
2013. № 2.
P. 116-117.
URL: https://en.nbpublish.com/library_read_article.php?id=63692
Abstract:
the international round-table discussion on the topic
“Measures of Compulsion in Criminal Law and Criminal Procedure of
Russia and Germany” was held. Themoderatoroftheround-tablediscussionwasZaytsevOlegAleksandrovich,
Pro-Rector on the Scientifi c Work
of Moscow Academy of Economics and Law, Doctor of Law, Professor,
Honored scientifi c worker of RF, Honored worker of professional education
of RF. Themainreportsweremadeby: HeadofCriminal, Economical-
CriminalLawChairofLawDepartmentofPotsdamUniversity (Germany),
DoctorofLawProfessorU. Hellmann; leading scientifi c worker, lecturer
of Criminal, Economical Criminal Law Doctor of Law, Professor P.V.
Golovnenkov; Professor of Criminal Legal Disciplines of Law Department
of Moscow Academy of Economics and Law, Doctor of Law, Professor,
Honored jurist of RF A.P. Gulyaev.
Keywords:
Moscow Academy of Economics and Law, measures of compulsion, criminal law, criminal procedure, Russia, Germany
Трибуна ВУЗА
Reference:
A.P. Gulyaev
Application of Measures of Compulsion within the Contemporary Legal Procedure in Russia
// The union of criminalists and criminologists.
2013. № 2.
P. 118-119.
URL: https://en.nbpublish.com/library_read_article.php?id=63693
Abstract:
in the article, the author claims the further reforming
of the organizational legal status of the investigatory organs of
the country to be necessary in the following directions: 1) uniting of
all the existing investigatory institutions of the country to a united
Investigatory Committee; 2) introduction of the Committee to the
system of the Judiciary Power (making the required amendments to
the Constitution of the Russian Federation); 3) legislative securing
of electivity of the leaders of investigatory institutions by judicial
societies of different level.
Keywords:
measure of compulsion, legal procedure, Investigatory Committee, the system of the Judiciary Power
Трибуна ВУЗА
Reference:
P.A. Smirnov
The Detention and the First Inquiry of the Detainee Suspect according
to the Criminal Procedural Legislation of Russia and Germany
// The union of criminalists and criminologists.
2013. № 2.
P. 120-123.
URL: https://en.nbpublish.com/library_read_article.php?id=63694
Abstract:
the differences in the regime of the fi rst inquiry of
the detainee within the legal procedure in Russia and Germany has,
fi rst of all, two main aspects. First of all, it is the subject of the
inquiry. Unlike to Russia, where this act is held by the investigator
(inquiry offi cer), in Germany this act is held by the independent
(judicial) institute of power, free of interdepartmental interests. Of
course, it strengthen the notion of the inquiry at the analyzed level
of the criminal procedural activity. Second, as it is seen, the term
till the inquiry starts according to the Criminal Procedural Code of
Germany could be practically twice longer, making 24 hours, then
the time, provided by the Criminal Procedural Code of RF. Actually,
that fact should be treated rather than an advantage, because the Russian
term is not enough to get prepared either by the detainee or the
investigator. It deals with the necessity to solve many organizational
questions, causing important procedural consequences — participation
of the attorney in the criminal case (it is the obligation of the
investigator), coordination of the case theory (by the attorney), etc.
the author detects some rather perspective directions of perfection of
the criminal procedural legislation of the both countries.
Keywords:
detention, inquiry, the detainee, legal procedure, the Criminal Procedural Code of RF, the Criminal Procedural Code of the Republic of Germany
Трибуна ВУЗА
Reference:
O.A. Zaytsev
European Court of Human Rights on Foundations of Taking into Custody
// The union of criminalists and criminologists.
2013. № 2.
P. 124-126.
URL: https://en.nbpublish.com/library_read_article.php?id=63695
Abstract:
special interest is given to the practice of the European
Court on Human Rights about the commentary on the bases for taking
into custody. Nowadays, the norms of the so-called “soft law” intrude
into the modern criminal procedural law, they often include the theses
of different international agreements, declarations, standards, which are
of not normative-legal character, but which are often applied by the
European Court of Human Rights and are obligatory for the Russian
applicators of the law.
Keywords:
European Court, human rights, measure of compulsion, taking into custody
Criminology
Reference:
G.V. Dashkov
Contemporary Needs in the Maintenance of Collaborative Criminological, Criminal Legal
and Criminal Procedural Researches and Elaborations
// The union of criminalists and criminologists.
2013. № 2.
P. 127-130.
URL: https://en.nbpublish.com/library_read_article.php?id=63696
Abstract:
in recent times, within the period of a defi nite decay of
the social notion of the juridical science, the necessity of the maintenance
of collaborate research and studying is great. Inhouse abilities practically
of any separate fi eld of jurisprudence, as proven by the practice
of nowadays, do not allow to solve the arising problems adequately.
This is also connected to criminology, criminal law and legal procedure.
Keywords:
criminology, criminal law, legal procedure, research, elaboration
Criminology
Reference:
N.A. Lopashenko
Refl ections on the Registration of Criminality in Russia
// The union of criminalists and criminologists.
2013. № 2.
P. 131-139.
URL: https://en.nbpublish.com/library_read_article.php?id=63697
Abstract:
the decrease of the number of the registered crimes can
have but only artifi cial causes.
Keywords:
registration of criminality, artifi cial causes, decrease of criminality, state of criminality
Уголовный процесс
Reference:
V.D. Larichev
Problematic Questions of Denial to Open a Criminal Case
// The union of criminalists and criminologists.
2013. № 2.
P. 140-144.
URL: https://en.nbpublish.com/library_read_article.php?id=63698
Abstract:
when opening a criminal case, the violations of the
requirements of the law are rather widespread. They are committed
both at the stage of receiving a message about a crime (conceal of a
crime from recording; denial to take the message under different pretences)
and within a preliminary checking of a message about crimes and
taking procedural decisions (unsubstantiated denial to open a criminal
case; qualifi cation of the criminally punishable acts as administrative
minor offences; inadequate taking of procedural decisions). The noted
facts lead not only to the distortion of the true state of criminality, its
structure and dynamics, but also infl ict damage to the constitutional
rights and freedoms, interests of the victims, don’t let the civilians
and organizations to press for legal penalty of the guilty and reinstate
their violated rights.
Keywords:
denial to open a criminal case, receiving a message about a crime, preliminary checking of messages, opening a criminal case, violation of the requirements of the law
Уголовный процесс
Reference:
N.G. Muratova
International Agreements and Their Notion in the Mechanism of Personal Rights Protection
in Criminal Legal Proceedings
// The union of criminalists and criminologists.
2013. № 2.
P. 145-149.
URL: https://en.nbpublish.com/library_read_article.php?id=63699
Abstract:
international cooperation in the sphere of the criminal
legal proceedings provides multiple approach to the formation of the
procedural proceedings of this cooperation. Contemporary comparative
legal studies of the foreign criminal procedure can be divided according
to their reference to the following problems: studying the tendencies of
development of the international procedural legislation and comparison
of the procedural proceedings; studying the model approach, studying
the mechanism of international cooperation in the sphere of criminal
proceedings when rendering a legal assistance on criminal cases, comparison
of procedural foundations in evidence, application the measures
of compulsion and investigation, studying the tendencies in the formation
of interdependence of regional law enforcement institutions and Interpol,
regularities of cooperation with the European Union on criminal cases.
The author’s consequent model of application of rules of international
treaties includes the following: the necessity to create a unifi ed judicial
institution of State — members of the CIS, form Federal internationallegal
service of the RF and its vertical departments within the Subjects
of the Russian Federation, substantiate and introduce a new position in
courts and law enforcement organs — that of international consultant,
to realize a European model of judicial control and found a position of
an investigating judge (magistrate).
Keywords:
international agreements, criminal proceedings, personal rights protection
Уголовный процесс
Reference:
S.P. Scherba
Problems of Normative Defi nition of the Essence and Contents of Rights and Freedoms
of Human and Citizen in the Criminal Procedure of Russia
// The union of criminalists and criminologists.
2013. № 2.
P. 150-153.
URL: https://en.nbpublish.com/library_read_article.php?id=63700
Abstract:
unfortunaly, criminal procedural legislation of Russia,
admitting application of different measures of compulsion and limiting
right and freedoms of human, are still don’t include a fundamental norm,
which should provide: 1) foundation, causes and limits of freedom and
rights of human and citizen limitation in the criminal procedure; 2) the
list of cases, preventing limitation of rights and freedoms of human and
citizen in the criminal procedure; 3) proscription of wide understanding
of foundations (criteria) for the application of limitation of rights
and freedoms of human and citizen; 4) responsibility of offi cials and
judges for inadequate decision to limit rights and freedoms of human
and citizen in the criminal procedure; 5) proscription for limiting rights
and freedoms of the suspects or accused in order to investigate a crime
and gather evidence on the criminal case.
Keywords:
rights and freedoms, criminal procedure, limiting rights and freedoms
Moscow criminology office
Reference:
L.A. Zakalyapina
Tourism and Terrorism: Criminological Aspect
// The union of criminalists and criminologists.
2013. № 2.
P. 154-158.
URL: https://en.nbpublish.com/library_read_article.php?id=63701
Abstract:
studying of criminological characteristics of criminality
of terrorist character in Russian and foreign resort-cities was never
held at a scientifi c level before. Thus, it is absolutely important for the
theoretical and practical law applicatory activity, as far as a foreign
experience of research and counteraction is rather useful for the most
dangerous in its consequences type of crime — terrorism, especially
taking into account the concernment of the Russian Government about
the creation of the domestic life quality, including by the development of
the sphere of tourism and catering, making it available and competitive.
Moreover, there is the obligation of the State to maintain security of the
tourism, which is provided by the international legal acts.
Keywords:
tourism, terrorism, resort-city, prevention of terrorism
Moscow criminology office
Reference:
E.A. Rybakova
Criminal Seizure of Immovable Property
// The union of criminalists and criminologists.
2013. № 2.
P. 159-162.
URL: https://en.nbpublish.com/library_read_article.php?id=63702
Abstract:
nowadays, it isnecessary to elaborate effective anti-raider
legislative amendments, aimed at the following: perfection of corporate
legislation; development of the system of corporate management and
mechanisms of solving corporate confl icts; measures of forcening the
protection of rights of property and other of persons, involved into a
corporate arguing; rise the responsibility of large share holders, managers
and administrative organs in order to create conditions, preventing the
seizure of enterprise, corporate confl icts and corporate green-mailing.
First of all, it is necessary to perfect the legislation, aimed at correction of
organization and order of activity on the integration, unifi cation, takeover,
demerger, other reorganization and changing the status of an enterprise.
Keywords:
criminal seizure, immovable property, raidering
Писатель-криминалист-криминолог
Reference:
U. Hellmann
Captain from Kepenik: A German Criminal Story
// The union of criminalists and criminologists.
2013. № 2.
P. 163-165.
URL: https://en.nbpublish.com/library_read_article.php?id=63703
Abstract:
unlike to Russia and the USA, where dangerous criminals
are sometimes thought to be “heroes” (for example, Sonya the Golden
Hand and Mishka the Japanese) or „Billy the Kid“, and „Bonnie and
Clyde“), in Germany there is no such an example of glorifi cation of criminals.
Thus, a native of the East Prussia Fredrick Wilhelm Fogt became
rather famous, he was born in 1849 in Tilsit. The crime by Fogt became
rather known not only in Germany, but far out of it. The image of Fredrick
Wilhelm Fogt as a “noble thief”, created by Karl Suckmeier and played by
Heinz Rumman in his character of a Captain from Kepenik, is still alive
in Germany. InGermanevenanewword “Kepenikiade” wasinvented. In
1996, near the Townhouse in Kepenik a bronze memorial and a memorial
desk were built to the Captain from Kepenik. A memorial desk was also
built in Wismar, on the wall of a house, where Fogt lived and worked. In
Berlin, a primary school is named in honor of the Captain from Kepenik.
Keywords:
Friedrich Wilhelm Fogt, the Captain from Kepenik, Kepenikiade
К сведению авторов
Reference:
Redkollegiya zhurnala, N. F. Bodrov
Poryadok retsenzirovaniya statei i materialov v zhurnale
// The union of criminalists and criminologists.
2013. № 2.
P. 195-197.
URL: https://en.nbpublish.com/library_read_article.php?id=63704
К сведению авторов
Reference:
Redkollegiya zhurnala, A. V. Koval'chuk
Usloviya i trebovaniya k opublikovaniyu v zhurnale
// The union of criminalists and criminologists.
2013. № 2.
P. 198-200.
URL: https://en.nbpublish.com/library_read_article.php?id=63705
Eng
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