Reference:
Grigor'ev V.N..
The initial stage of criminal prosecution
// The union of criminalists and criminologists.
2014. № 3.
P. 246-249.
DOI: 10.7256/2310-8681.2014.3.67291 URL: https://en.nbpublish.com/library_read_article.php?id=67291
Abstract:
During the period of its existence, the institution of criminal proceedings commencement has been subjected to the systematical attempts of reforming with the aim to eliminate the prohibition of proceedings and coercion, especially, detention of a suspect prior to the criminal proceedings commencement. The simplicity of criminal proceedings initiation is a sign of the freedom of access to justice and reflects the progressive development of civil society which applies the legal mechanism of protection of rights and freedoms by means of the institution of criminal prosecution. The author applies the methods of analysis, synthesis, the structural-logical and other methods. The author concludes about the need for change of a scientific task. The criminal proceedings science in the subject of criminal prosecution initiation traditionally studies the problems of the stage of criminal proceeding commencement; the most important among them is the admissibility of testing means, investigative actions and measures of procedural coercion prior to the decision about criminal proceedings commencement.
Keywords:
criminal prosecution, coercion, prohibition, rights and freedoms, criminal charge, investigator, reasonable time, limitation, stage, protection
Reference:
Khamidullin R.S..
Pretrial cooperation agreement as a tactical criminalistical element of struggle against organized crime
// The union of criminalists and criminologists.
2014. № 3.
P. 250-255.
DOI: 10.7256/2310-8681.2014.3.67292 URL: https://en.nbpublish.com/library_read_article.php?id=67292
Abstract:
The author notes that, due to the worsening of economic situation and the decline of living standards in Russia, the problem of struggle against organized crime becomes especially important. It is confirmed by the data of the Integrated intradepartmental information and statistical system, according to which the amount of preliminarily investigated crimes connected with drug trafficking committed by organized groups had been increasing from the early 2012 till June 2014. Within the struggle against organized crime (on the example of drug trafficking), the author studies the possibility of cooperation between law enforcement officers and the members of criminal groups on the base of the provisions of the article 40.1 of the Penal Code of the Russian Federation “Special procedure of pretrial decision when concluding a pretrial agreement” as a tactical criminalistical element. The author applies general and special scientific methods, including deduction, analysis, synthesis, the structural-logical method, the statistical method, comparative-legal analysis and other methods of scientific cognition. In the author’s opinion, the application of the provisions of the article 40.1 of the Penal Code of the Russian Federation as a tactical means of “encouragement of a person to cooperation by means of a pretrial agreement” can raise the efficiency of struggle against organized crime, particularly in the sphere of drug trafficking. It will also help solve new crimes and impose liability on persons involved in crimes.
Keywords:
interaction, defender, tactics, pretrial agreement, investigator, tactical and forensic support, the suspect, the accused, planning, Prosecutor
Reference:
Golubykh N.V..
Street crime: condition, reasons and development forecast
// The union of criminalists and criminologists.
2014. № 3.
P. 256-260.
DOI: 10.7256/2310-8681.2014.3.67293 URL: https://en.nbpublish.com/library_read_article.php?id=67293
Abstract:
The article analyzes the current condition and dynamics of street crime, which is mostly dangerous due to the diversity of its forms and methods of impact on large numbers of people simultaneously. The author pays special attention to the criminogenic determination of this criminal phenomenon. The author offers two variants of further development of the criminal situation, forecasts the development and spread of street crime for a long-term perspective and the measures of its prevention. The author applies the general scientific and special methods of analysis and synthesis, the structural-logical method, the statistical method, comparative-legal analysis, the method of moving from concrete to abstract and other methods of scientific cognition. On the base of the research the author offers the social and special criminological measures of street crime prevention.
Keywords:
street, system, dynamics, information, forecast, structure, offence, crime, Victimological prevention, material environment
Reference:
Zaytsev O.A..
Problems of government protection of the participants of criminal proceedings
// The union of criminalists and criminologists.
2014. № 3.
P. 261-269.
DOI: 10.7256/2310-8681.2014.3.67294 URL: https://en.nbpublish.com/library_read_article.php?id=67294
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.
Keywords:
witness, analysis, source, problem, government protection, participant, criminal proceedings, system, personal safety, legal proceedings
Reference:
Ermakova O.V..
Peculiarities of legal structure of the composition of stealage of especially valuable objects
// The union of criminalists and criminologists.
2014. № 3.
P. 270-272.
DOI: 10.7256/2310-8681.2014.3.67295 URL: https://en.nbpublish.com/library_read_article.php?id=67295
Abstract:
The article considers the peculiarities of the structure of the composition of stealage of especially valuable objects. These peculiarities are determined by the fact that this composition combines various forms of stealage and their compositions differ in the structure of an objective side. Difficulties of the legal structure determination have a negative impact on the establishment of a moment of the finishing of this crime and on the qualification of this crime. Applying general scientific methods of analysis and comparison, the author analyzes the legal structure of the composition of stealing of especially valuable objects and the moment of finishing of this crime. The author suggests to construct all forms of stealage according to the material composition and to change the structure of the composition of robbery. In this case, the composition of stealage of especially valuable objects will be considered material, and the crime will be considered finished since the moment of acquisition of property and the possibility for the guilty person to use the stolen objects.
Keywords:
the owner of the property, peculiarity, legal structure, composition, stealage, subject, special value, loss of property, material composition, property damage
Reference:
Kadnikov N.G..
On the issue of the novels of the criminal law in the light of the theory of criminalization and decriminalization
// The union of criminalists and criminologists.
2014. № 3.
P. 273-276.
DOI: 10.7256/2310-8681.2014.3.67296 URL: https://en.nbpublish.com/library_read_article.php?id=67296
Abstract:
The paper presents the analysis of the modern condition of the criminal law in the light of the theory of criminalization and decriminalization. The author pays significant attention to the tendency of the criminal policy reflecting the processes of criminalization and decriminalization of deeds. The author notes that decriminalization can be carried out by means of exclusion of criminal punishability of a deed and its recognition as a non-socially dangerous or non-illegal, or its transmission to the category of an administrative, disciplinary or civil delict. The application of the historical, formal-logical, and the systems methods of cognition helped the author to analyze the criminal law in the light of the theory of criminalization and decriminalization. The penal law-making drawbacks and the side effects of criminalization can lead to undesirable consequences: the gaps in penal regulation, a redundant repressiveness, the lack of a necessary interpretation. The excessive criminalization undermines two principles of penal policy: the principle of economy of penal repression, due to the fact that criminal liability is imposed on an unreasonably large number of citizens, and the principle of unavoidability of punishment, due to the fact that often such a law is not used in practice.
Keywords:
definition, novel , criminal law, gap, theory of criminalization, crime, sign, composition, principle, decriminalization
Reference:
Legotin M.P..
Criminological characteristics of extremism among youth (the case of the Ural federal okrug)
// The union of criminalists and criminologists.
2014. № 3.
P. 277-281.
DOI: 10.7256/2310-8681.2014.3.67297 URL: https://en.nbpublish.com/library_read_article.php?id=67297
Abstract:
The article analyzes the modern condition and the dynamics of proliferation of extremism on the territory of the Russian Federation and the Ural federal okrug. With the help of general and special scientific methods, the author characterizes the most dangerous form of extremist activities – the youth extremism. The author substantiates the necessity of development of effective measures of struggle against extremism among youth both in theoretical and practical aspects. The author applies general and special scientific methods, such as the method of moving from concrete to abstract, analysis, synthesis, the structural-logical method, the statistical method, comparative-legal analysis and other methods of scientific research. On the base of the conducted research of the most prominent aspects of youth extremism, the author offers social and criminological measures which can serve as a base of a successful struggle against youth extremism.
Keywords:
generation, education, employment, characteristics, extremism, youth, social group, skinheads, conflict, family
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. № 3.
P. 282-286.
DOI: 10.7256/2310-8681.2014.3.67298 URL: https://en.nbpublish.com/library_read_article.php?id=67298
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.
Keywords:
execution, problem, judicial expertise, report, crime, economic activity, forensic classification, expert opinion, gap, evidence
Reference:
Fedorova I.A..
On the definition of a procedural status of an aggrieved person on the stage of criminal proceedings commencement
// The union of criminalists and criminologists.
2014. № 3.
P. 287-289.
DOI: 10.7256/2310-8681.2014.3.67299 URL: https://en.nbpublish.com/library_read_article.php?id=67299
Abstract:
The article studies the procedural status of an aggrieved person in the case of a criminal infringement on the stage of criminal proceedings commencement. Particularly, the author considers the notion “aggrieved person” in the penal legislation and theory of the Russian Federation and foreign countries, defines the range of competences which should be granted to this person. Special attention is also paid to the aspects of provision of a person with the status of criminal proceedings participant on the initial stage of investigation in the light of changes in the penal legislation. The author uses general and special scientific methods of research: the dialectical, formal-logical, structural-functional methods and modeling. The author analyzes the legislation of Russia and other countries and defines the notion “aggrieved person”, outlines the range of competences, composing the procedural status of an aggrieved person on the initial stage of criminal proceedings. The adoption of these changes would have a positive impact on the regulation of law-enforcement of the provisions of the Criminal Code on the stage of criminal proceeding commencement, and on the provision of rights, freedoms and lawful interests of an aggrieved person.
Keywords:
complaint, procedural status, person, criminal case, participant, criminal proceedings, aggrieved person, responsibility, examination, security
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. № 3.
P. 290-294.
DOI: 10.7256/2310-8681.2014.3.67300 URL: https://en.nbpublish.com/library_read_article.php?id=67300
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.).
Keywords:
measures, corruption, principle, service, Anticorruption education, internal affairs bodies, behavior, ethics, morality, standard
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.
DOI: 10.7256/2310-8681.2013.2.63670 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
Reference:
A.N. Ilyashenko.
The Problems of Criminal Politics Discussed
// The union of criminalists and criminologists.
2013. № 2.
P. 15-16.
DOI: 10.7256/2310-8681.2013.2.63671 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
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.
DOI: 10.7256/2310-8681.2013.2.63672 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
Reference:
A.G. Kibalnik.
Release from Criminal Responsibility: New Perspectives
// The union of criminalists and criminologists.
2013. № 2.
P. 22-24.
DOI: 10.7256/2310-8681.2013.2.63673 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
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.
DOI: 10.7256/2310-8681.2013.2.63674 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
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.
DOI: 10.7256/2310-8681.2013.2.63675 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
Reference:
A.Kh. Mindagulov.
Has the Trial Jury any Alternative?
// The union of criminalists and criminologists.
2013. № 2.
P. 35-39.
DOI: 10.7256/2310-8681.2013.2.63676 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
Reference:
A.S. Podshibyakin.
Legal Bases of Criminalist Investigation
// The union of criminalists and criminologists.
2013. № 2.
P. 40-45.
DOI: 10.7256/2310-8681.2013.2.63677 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