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.
DOI: 10.7256/2310-8681.2013.2.63678 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
Reference:
N.F. Bodrov.
Reviewing the Conclusions by the Handwriting Experts (Graphologists)
// The union of criminalists and criminologists.
2013. № 2.
P. 50-53.
DOI: 10.7256/2310-8681.2013.2.63679 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.
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.
DOI: 10.7256/2310-8681.2013.2.63680 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
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.
DOI: 10.7256/2310-8681.2013.2.63681 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
Reference:
G.A. Esakov.
Negative Features of the Corpus Delicti
// The union of criminalists and criminologists.
2013. № 2.
P. 66-71.
DOI: 10.7256/2310-8681.2013.2.63682 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
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.
DOI: 10.7256/2310-8681.2013.2.63683 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
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.
DOI: 10.7256/2310-8681.2013.2.63684 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
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.
DOI: 10.7256/2310-8681.2013.2.63685 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
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.
DOI: 10.7256/2310-8681.2013.2.63686 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
Reference:
I.M. Matskevich.
Ten Causes of Criminality
// The union of criminalists and criminologists.
2013. № 2.
P. 96-99.
DOI: 10.7256/2310-8681.2013.2.63687 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
Reference:
V.N. Orlov.
Contents of Servicing Criminal Penalty: Notion and Elements
// The union of criminalists and criminologists.
2013. № 2.
P. 100-103.
DOI: 10.7256/2310-8681.2013.2.63688 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,
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.
DOI: 10.7256/2310-8681.2013.2.63689 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
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.
DOI: 10.7256/2310-8681.2013.2.63690 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
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.
DOI: 10.7256/2310-8681.2013.2.63691 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
Reference:
Matskevich I.M., Orlov V.N..
The Third International Round-Table Discussion of the Union of Criminalists
and Criminologists on the topics “Problems of Criminality Counteraction in the CIS”,
“Contemporary Criminal Legislation: Problems, Tendencies and Ways of Modernization”
(Astana, Almaty, Kazakhstan Republic, May 1-6, 2013)
// The union of criminalists and criminologists.
2013. № 1.
P. 19-21.
DOI: 10.7256/2310-8681.2013.1.63641 URL: https://en.nbpublish.com/library_read_article.php?id=63641
Abstract:
Since 1 to 6 of May, 2013, in the Republic of Kazakhstan, on the basis
of two Universities of Eurasian NationalUniversity by L.N. Gumilev (Astana),
Gumanitarian University of Transport and Law by D.A. Kunaev, under the guise
of the Union of Criminalists and Criminologists, the third International Round-
Table Discusion was held. The topics for discussion were “Problems of Criminality
Counteraction in the Countries of CIS” (Astana), “Modern Criminal Legislation:
Problems, Tendencies and Ways of Modernization’ (Almaty). The Third International
Round-Table Discussion of the Union Criminalists and Criminologists made
a starting point to widen the international cooperation between the criminalists
and criminologists of Russia, Kazakhstan and Germany.
Keywords:
the Union of Criminalists and Criminologists, international round- 0table discussion, criminality counteraction, criminal legislation
Reference:
Matskevich I.M..
Problems of High Quality Personnel Training for the Law Enforcement System
of the Post-Soviet Countries (by the example of Russia)
// The union of criminalists and criminologists.
2013. № 1.
P. 22-29.
DOI: 10.7256/2310-8681.2013.1.63642 URL: https://en.nbpublish.com/library_read_article.php?id=63642
Abstract:
the author analyzes the problems of the training and appraisal of
the scientifi c pedagogical personnel (high quality personnel). He analyzes both
the comprehensive contradictions, cumulated within the years after the dissolution
of the USSR and the existing at that time system of personnel training, and the
disadvantages of the existing legislation, which is aimed to take decisions about
scientifi c degrees awarding at liberty within the development of the so-called Bologna
process.
Keywords:
appraisal, scientifi c degrees and title awarding, the Supreme Attestation Committee
Reference:
Ilyashenko A.N..
Basic Characteristics of the Violent Crimes, Committed in the Family
// The union of criminalists and criminologists.
2013. № 1.
P. 30-35.
DOI: 10.7256/2310-8681.2013.1.63643 URL: https://en.nbpublish.com/library_read_article.php?id=63643
Abstract:
violent criminality in a family has a number of its own specifi c features,
which differs it completely from a general domestic criminality and from the
criminality in general, which proves the necessity to develop preventive measures
to counteract this type of criminality.
Keywords:
violent crimes in a family, domestic criminality, preventive impact, compulsive family rapist
Reference:
Akimzhanov T.K..
Penalty as a Basic Index of Humanity of Criminal Legislation of the Republic of Kazakhstan
// The union of criminalists and criminologists.
2013. № 1.
P. 36-41.
DOI: 10.7256/2310-8681.2013.1.63644 URL: https://en.nbpublish.com/library_read_article.php?id=63644
Abstract:
the author analyzes the questions of application of penalty as a
basic index of the humanity of the criminal legislation of the Republic of Kazakhstan.
It is necessary to study the question because of the undergoing processes of
humanization of criminal legislation of the Republic of Kazakhstan.
Keywords:
penalty, humanity, criminal legislation
Reference:
Golovnenkov P..
The Development of the Institution of Litigation Agreements within the Legal Procedure of FRG
// The union of criminalists and criminologists.
2013. № 1.
P. 42-45.
DOI: 10.7256/2310-8681.2013.1.63645 URL: https://en.nbpublish.com/library_read_article.php?id=63645
Abstract:
the article is devoted to the vital questions of the development of
litigation agreements. The author defi nes the notion of a litigation agreement and
analyzes the specifi c feature of its application in Germany, the USA and Russia.
Keywords:
agreement, regulations, practice
Reference:
Zinkevich I.B..
On the Question of the Basic Legal Acts, Defi ning the Model of the Legal Procedure in the USA
// The union of criminalists and criminologists.
2013. № 1.
P. 46-50.
DOI: 10.7256/2310-8681.2013.1.63646 URL: https://en.nbpublish.com/library_read_article.php?id=63646
Abstract:
the author analyzes the questions of the basic legal acts in action
in the USA, which thus defi ne the model of the legal procedure. This question is a
part of a complex research of the acting model of the criminal justice in the USA,
held by the author.
Keywords:
legal act, legal procedure, criminal justice
Reference:
Zinkevich T.I., Abdulina L.M..
On the Question of signifi cance of Some Social Psychological Categories
in the Criminal Legal Sphere and Other Juridical Sciences
// The union of criminalists and criminologists.
2013. № 1.
P. 51-57.
DOI: 10.7256/2310-8681.2013.1.63647 URL: https://en.nbpublish.com/library_read_article.php?id=63647
Abstract:
this article represents a result of a research of the signifi cance of
some social psychological categories in the criminal legal sphere and other juridical
sciences, held by the authors.
Keywords:
criminal legal sphere, juridical science, social psychological category
Reference:
Zinkevich T.I..
Criminalist Signifi cance of the Way of Commitment and Suppression of Crimes within the Legal Procedure
// The union of criminalists and criminologists.
2013. № 1.
P. 58-64.
DOI: 10.7256/2310-8681.2013.1.63648 URL: https://en.nbpublish.com/library_read_article.php?id=63648
Abstract:
the author analyzes the questions of criminalist signifi cance of the
way of crime commitment and its suppression within the legal procedure. The vitality
of the topic of this article is evident, because the level of latent criminality
increases every year. This tendency proves the necessity to study the mechanisms
of crime suppression in order to fi nd out that of counteraction.
Keywords:
crime, way of commitment, suppression, legal procedure
Reference:
Nomokonov V.A..
Special Features of Evolution of Causes of Criminality in the Post-Soviet Russia
// The union of criminalists and criminologists.
2013. № 1.
P. 65-69.
DOI: 10.7256/2310-8681.2013.1.63649 URL: https://en.nbpublish.com/library_read_article.php?id=63649
Abstract:
in the contemporary globalizing world, serious transformations go
on not only in the positive sphere (economical, political and social), but also in
a shadow world, which presents the most serious criminal threat. It seems, that
changes in the “criminal face” of the society — in its state, structure and dynamics
of contemporary criminality — is defi ned mostly by the specifi c features of its
causal complex. The causal complex of criminality in a contemporary Russia is a
complex of deformation, being a “false mirror kingdom” in a way. Lameness of the
society refl ects in the real presence of a shadow Power in it, shadow “law”, shadow
economics, shadow social forces and shadow ideology. Thus, the task of decriminalization
of society and effective counteraction to criminality could be solved
only in a system and in cooperation with the healthy social forces on the basis of a
real democratization of political system, maintenance of a high level of life for the
population, stable and balanced social economical development, harmonization of
social relations and social consolidation.
Keywords:
causes of criminality, causal complex of criminality, criminality Types of publication: scientifi c article
Reference:
Mindagulov A. Kh..
On the Project of a New Edition of the Criminal Code of the Republic of Kazakhstan
// The union of criminalists and criminologists.
2013. № 1.
P. 70-76.
DOI: 10.7256/2310-8681.2013.1.63650 URL: https://en.nbpublish.com/library_read_article.php?id=63650
Abstract:
being in general in accordance with the conclusions and recommendations
of the authors of the Concept and draft law, it is necessary to point
out, that some kept norms of the acting Criminal Code and new theses need to be
studied and critically evaluated. The special attention and more deep interpretation
should be given to the following questions: criminal law violation; administrative
prejudice; on the categories of crimes; on the interpretation of some notions,
provided by the real Code (Art. 9); on criminal law violation, committed carelessly
(Art. 22 CC); fulfi llment of operative investigatory actions or non-public investigatory
actions (art. 36); on criminal responsibility of juridical persons.
Keywords:
criminal law violation, administrative prejudice, categories of crimes, criminal law violation, committed carelessly, operative investigatory actions, non-public investigatory actions, criminal responsibility of juridical persons
Reference:
Orlov V.N..
The Objective in the Penalty in Russia and Kazakhstan
// The union of criminalists and criminologists.
2013. № 1.
P. 77-79.
DOI: 10.7256/2310-8681.2013.1.63651 URL: https://en.nbpublish.com/library_read_article.php?id=63651
Abstract:
Object of penalty application is an element of legal status (state)
of a person, found guilty by the court, i.e. rights, obligations and legal interests,
which could bear penal impact, provided by the criminal law. The object of penalty
execution is a complex of elements of legal status (state) of the convict, defi ned by
the court for the penal impact on the side of an institute or organ, an offi cial, executing
criminal penalty. The object of servicing penalty is a complex of elements
of the legal status (state) of the convict, i.e. rights, obligations and legal interests
of the convict, defi ned by the court for servicing a penal impact from the side of an
institution or organ, an offi cial, executing criminal penalties.
Keywords:
an object of the penalty application, object of penalty execution, object of servicing penalty
Reference:
Ponyatovskaya T.G..
Penalties, Sentences to the Minor: Indulgence or Impunity?
// The union of criminalists and criminologists.
2013. № 1.
P. 80-84.
DOI: 10.7256/2310-8681.2013.1.63652 URL: https://en.nbpublish.com/library_read_article.php?id=63652
Abstract:
RF, lead to the development of the special system of penalty in
Art. 88 of CC RF. I would like to characterize a list of provided penalties in Art. 88
of CC RF as a special system of penalties for the underage. But this characteristic
has no foundation. There is nothing “special” in the system as far as it is compiled
on the left-over principle. Some types of penalties are excluded from the general
list as they could not be applied to the underage because of some causes (mostly —
juridical ones). When sentencing for a heavy or extremely serious crime, all the
underage are given the minimal limit of a sanction, provided by the Article of the
Special Part of CC, divided into two. It is not clear, according to which criteria this
normative lessening of the terms (or amounts) of penalty took place. Why some
terms are divided into one and a half and other — into two? It is useless to look
for any logical explanation for this legislative solution. Application of compulsory
measures of the educatory character is the only practical way to overcome the problems,
which are brought to the justice by a premature system of penalty, inadequate
for realization of responsibility of the underage.
Keywords:
penalty for the underage, compulsory measures of educatory character, Article 88 of CC RF
Reference:
Rarog A.I..
On Corruption and Quality of the Criminal Law
// The union of criminalists and criminologists.
2013. № 1.
P. 85-88.
DOI: 10.7256/2310-8681.2013.1.63653 URL: https://en.nbpublish.com/library_read_article.php?id=63653
Abstract:
for effective counteraction to corruption by criminal legal means,
it is necessary, on the one hand, to possess a high quality of anti-corruption norms,
and on the other hand, an absence within the criminal law itself a corruption potential
in the form of ability to take up arbitrary decisions by the law enforcer.
Keywords:
corruption, bribery, corrupt payment, abuse of offi cial power, anticorruption norms, corruption potential
Reference:
Umirbayeva Z.A..
System of Ecological Law Violations according to the Criminal Code of the Republic of Kazakhstan
(new edition)
// The union of criminalists and criminologists.
2013. № 1.
P. 89-91.
DOI: 10.7256/2310-8681.2013.1.63654 URL: https://en.nbpublish.com/library_read_article.php?id=63654
Abstract:
the author analyzes the questions of the system of ecological law
violations according to a new edition of the Criminal Code of the Republic of Kazakhstan.
Keywords:
ecology, ecological law violation, criminal offence
Reference:
Hellman U..
Signifi cance of the Preventive Imprisonment to the Practice of Criminal Penalties in Germany
// The union of criminalists and criminologists.
2013. № 1.
P. 92-95.
DOI: 10.7256/2310-8681.2013.1.63655 URL: https://en.nbpublish.com/library_read_article.php?id=63655
Abstract:
the author analyzes vital problems of the preventive imprisonment,
which are of great signifi cance to the practice of criminal penalties in Germany,
where money penalty prevails as a form of penalty. The author points out the disadvantages
of the correctional system, such as low effectiveness of correctional
impact of other penalties, except freedom deprivation, and application of freedom
limitation in this case.
Keywords:
imprisonment, the convict, limitation, money penalty
Reference:
Chuchaev A.I..
Informational System: Notion, Content, Signifi cance for the Mechanism of a Transport Crime
// The union of criminalists and criminologists.
2013. № 1.
P. 96-100.
DOI: 10.7256/2310-8681.2013.1.63656 URL: https://en.nbpublish.com/library_read_article.php?id=63656
Abstract:
informational system, being an organic part of traffi c, makes an
independent unit of the mechanism of a traffi c crime, being a cause of crime commitment.
In this case, the cause is covered in the personal characteristics of an
operator.
Keywords:
informational system, mechanism of a traffi c crime, causes of crime commitment
Reference:
Schtage D..
Criminal Responsibility for Call to Vigilante Justice according to the Criminal Legislation of Germany
// The union of criminalists and criminologists.
2013. № 1.
P. 101-104.
DOI: 10.7256/2310-8681.2013.1.63657 URL: https://en.nbpublish.com/library_read_article.php?id=63657
Abstract:
in the article, the author speaks about the problem of the vigilance
justice according to legal procedures of Germany. The concrete examples of vigilance
justice are shown, along with their causes and consequences. The author
points out the carelessness and irresponsibility of those, calling for vigilance justice,
including these by means of Internet. The author gives a criminal legal qualifi
cation of such actions.
Keywords:
vigilance justice, Internet, Responsibility