Pub Date : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).282-294
Roman Rouvinsky, E. Tsarev
The paper is devoted to the changes in fighting delinquency connected to the application of artificial intelligence and Big Data analytics. The focus of the paper has been made on the Social Credit System and related advanced mechanisms of control and surveillance, which are currently being built and implemented in China. The issue of how the latest technologies of social control impact the fight against crimes and administrative offences has been examined. The transforming effect of introduction of the Social Credit System and algorithmic mechanisms of social control upon the legal system and some of its institutions (notably, the legal liability institution, the punishment, the concept of an offender) has been assessed in the paper. The authors come to the conclusion that the introduction of the Social Credit System in China and the development of algorithmic mechanisms of social control and crime prevention may lead to the separation of punishment from the construct of legal liability and the concept of an offence as a guilty deed.
{"title":"Tackling Delinquency in the Era of Social Credit System: Prospects and Risks","authors":"Roman Rouvinsky, E. Tsarev","doi":"10.17150/2500-4255.2021.15(3).282-294","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).282-294","url":null,"abstract":"The paper is devoted to the changes in fighting delinquency connected to the application of artificial intelligence and Big Data analytics. The focus of the paper has been made on the Social Credit System and related advanced mechanisms of control and surveillance, which are currently being built and implemented in China. The issue of how the latest technologies of social control impact the fight against crimes and administrative offences has been examined. The transforming effect of introduction of the Social Credit System and algorithmic mechanisms of social control upon the legal system and some of its institutions (notably, the legal liability institution, the punishment, the concept of an offender) has been assessed in the paper. The authors come to the conclusion that the introduction of the Social Credit System in China and the development of algorithmic mechanisms of social control and crime prevention may lead to the separation of punishment from the construct of legal liability and the concept of an offence as a guilty deed.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"27 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75215679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).321-331
A. Rarog, Tatiyana Ponyatovskaya
The goal of healthcare work is to save people’s lives, to maintain and improve their health. However, in spite of all efforts of doctors, this goal is not always achievable because of the factors and circumstances whose negative impact it may be impossible to take into account due to objective reasons. It leads to the question of the liability of a doctor for patient harm resulting from a medical intervention. There are numerous publications in the fields of both medicine and law dealing with the grounds, forms and limits of liability of medical staff for unintended harm to the patient. Considerably less attention is paid to researching the limits of this liability and the grounds for recognizing the harm to be lawful. The absence of criminal unlawfulness in a medical interference which led to a bad outcome was justified by different circumstances: absence of a causative connection between the actions of the doctor and the negative consequences, absence of guilt in the doctor’s actions, the situation of critical need, the situation of justified risk, etc. The authors prove the fundamental non-applicability of the institute of critical need to the assessment of a medical interference with a bad outcome, as well as the unsuitability of the criminal law norm on justified risk for recognizing patient harm as non-criminal because Art. 41 of the Criminal Code of the Russian Federation, on the one hand, includes requirements that do not refer to healthcare work, and on the other hand — they do not take into consideration its specific features. According to the authors, there is currently a necessity to supplement the Criminal Code of the Russian Federation with a criminal law norm on medical risk as a separate circumstance that precludes the criminal character of patient harm resulting from a medical intervention.
{"title":"Medical Risk in Criminal Law","authors":"A. Rarog, Tatiyana Ponyatovskaya","doi":"10.17150/2500-4255.2021.15(3).321-331","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).321-331","url":null,"abstract":"The goal of healthcare work is to save people’s lives, to maintain and improve their health. However, in spite of all efforts of doctors, this goal is not always achievable because of the factors and circumstances whose negative impact it may be impossible to take into account due to objective reasons. It leads to the question of the liability of a doctor for patient harm resulting from a medical intervention. There are numerous publications in the fields of both medicine and law dealing with the grounds, forms and limits of liability of medical staff for unintended harm to the patient. Considerably less attention is paid to researching the limits of this liability and the grounds for recognizing the harm to be lawful. The absence of criminal unlawfulness in a medical interference which led to a bad outcome was justified by different circumstances: absence of a causative connection between the actions of the doctor and the negative consequences, absence of guilt in the doctor’s actions, the situation of critical need, the situation of justified risk, etc. The authors prove the fundamental non-applicability of the institute of critical need to the assessment of a medical interference with a bad outcome, as well as the unsuitability of the criminal law norm on justified risk for recognizing patient harm as non-criminal because Art. 41 of the Criminal Code of the Russian Federation, on the one hand, includes requirements that do not refer to healthcare work, and on the other hand — they do not take into consideration its specific features. According to the authors, there is currently a necessity to supplement the Criminal Code of the Russian Federation with a criminal law norm on medical risk as a separate circumstance that precludes the criminal character of patient harm resulting from a medical intervention.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"24 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86565447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-02DOI: 10.17150/2500-4255.2021.15(3).341-351
V. Taranenko, Stanislav S. Kharitonov, M. Reshnyak, S. Borisov
This study aims to identify and consider modern problems in establishing and implementing criminal liability for crimes pertaining to illegal migration, such as illegal crossing of the Russian Federation State Border, organizing illegal migration, fictitious registration of citizens of the Russian Federation at a place of stay or place of residence in residential premises in the Russian Federation, fictitious migration registration of foreign citizens or stateless persons at a place of residence in residential premises in the Russian Federation, as well as fictitious registration of foreign citizens or stateless persons at a place of stay in the Russian Federation. On this basis, proposals to improve legislative and regulatory compliance practices in this area have been formulated. The object of research is social interaction associated with the establishment and application of criminal law provisions on accountability for the crimes. The subject of research is a complex of legislative, doctrinal and practical issues, the study of which contributes to the development of criminal law theory in the area of liability for illegal migration crimes. This article considers the clarifications issued by the Plenary Session of the Supreme Court of the Russian Federation cited in resolution No. 18 “On Judicial Practice in Cases on Illegal Crossing of the State Border of the Russian Federation and on Crimes Pertaining to Illegal Migration” of July 9, 2020, relevant court practice materials and the Supreme Court of the Russian Federation Judicial Department’s statistical data. Research methodology is based on general and specific scientific methods, including comparative legal and concrete-sociological ones. As a result of the comprehensive analysis of criminal justice vulnerabilities in response to crimes pertaining to illegal migration, proposals for further development of the criminal legislation on the fields of criminal liability for such crimes and practices associated with its application have been formulated. For example, this article reveals the content of actions that form the objective aspect of crimes pertaining to illegal migration, defines the legal and factual aspects of committed offences, and provides recommendations concerning their qualification, including differentiation between them and their separation from related crimes and similar administrative offenses.
{"title":"Modern Problems of Establishing and Implementing Criminal Liability for Illegal Migration Crimes","authors":"V. Taranenko, Stanislav S. Kharitonov, M. Reshnyak, S. Borisov","doi":"10.17150/2500-4255.2021.15(3).341-351","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).341-351","url":null,"abstract":"This study aims to identify and consider modern problems in establishing and implementing criminal liability for crimes pertaining to illegal migration, such as illegal crossing of the Russian Federation State Border, organizing illegal migration, fictitious registration of citizens of the Russian Federation at a place of stay or place of residence in residential premises in the Russian Federation, fictitious migration registration of foreign citizens or stateless persons at a place of residence in residential premises in the Russian Federation, as well as fictitious registration of foreign citizens or stateless persons at a place of stay in the Russian Federation. On this basis, proposals to improve legislative and regulatory compliance practices in this area have been formulated. The object of research is social interaction associated with the establishment and application of criminal law provisions on accountability for the crimes. The subject of research is a complex of legislative, doctrinal and practical issues, the study of which contributes to the development of criminal law theory in the area of liability for illegal migration crimes. This article considers the clarifications issued by the Plenary Session of the Supreme Court of the Russian Federation cited in resolution No. 18 “On Judicial Practice in Cases on Illegal Crossing of the State Border of the Russian Federation and on Crimes Pertaining to Illegal Migration” of July 9, 2020, relevant court practice materials and the Supreme Court of the Russian Federation Judicial Department’s statistical data. Research methodology is based on general and specific scientific methods, including comparative legal and concrete-sociological ones. As a result of the comprehensive analysis of criminal justice vulnerabilities in response to crimes pertaining to illegal migration, proposals for further development of the criminal legislation on the fields of criminal liability for such crimes and practices associated with its application have been formulated. For example, this article reveals the content of actions that form the objective aspect of crimes pertaining to illegal migration, defines the legal and factual aspects of committed offences, and provides recommendations concerning their qualification, including differentiation between them and their separation from related crimes and similar administrative offenses.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"6 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82234502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-30DOI: 10.17150/2500-4255.2021.15(2).181-188
Leanid Kazyrytski
Russian organized crime is active at the transnational level, where crimes could be committed on the territories of different countries. Spain, due to it specific features, is a rather attractive ground for illegal activities of many criminal organizations, including groups formed by citizens of the ex-USSR states. Organized crime in Spain is not distributed evenly throughout its territory, but is rather concentrated in most socially and economically developed areas, and the autonomous community of Catalonia is now holding the second place by the number of officially registered crimes. Its developed infrastructure makes it possible for organized crime, including Russian organized crime, to increase its activities in this autonomous community. The author notes that Spanish criminology faces certain difficulties, some of them methodological in nature, when studying the activities of Russian organized crime in Spain. This circumstance does not make it possible to fully implement research findings regarding its criminal nature. The author presents general characteristics of Russian criminal groups. They are shown to have a high degree of organization, and specific types of criminal activities connected with their antisocial orientation are described. It is rather often that Russian criminal organizations attract a great deal of mass media attention, which creates the impression that they are wide-spread. In Spain, any criminal organization created by citizens of the ex-USSR states is defined as «Russian mafia». However, in spite of considerable media coverage, the degree of Russian organized crime’s presence on the territory of Catalonia should not be overstated. Using the analysis of official data from the Catalan Department of the Interior, the author concludes that Russian organized crime does not hold a dominant position in the overall structure of organized crime in the region as its specific weight does not exceed 2 %.
{"title":"Russian Organised Crime in Catalonia and Its Prevalence","authors":"Leanid Kazyrytski","doi":"10.17150/2500-4255.2021.15(2).181-188","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(2).181-188","url":null,"abstract":"Russian organized crime is active at the transnational level, where crimes could be committed on the territories of different countries. Spain, due to it specific features, is a rather attractive ground for illegal activities of many criminal organizations, including groups formed by citizens of the ex-USSR states. Organized crime in Spain is not distributed evenly throughout its territory, but is rather concentrated in most socially and economically developed areas, and the autonomous community of Catalonia is now holding the second place by the number of officially registered crimes. Its developed infrastructure makes it possible for organized crime, including Russian organized crime, to increase its activities in this autonomous community. The author notes that Spanish criminology faces certain difficulties, some of them methodological in nature, when studying the activities of Russian organized crime in Spain. This circumstance does not make it possible to fully implement research findings regarding its criminal nature. The author presents general characteristics of Russian criminal groups. They are shown to have a high degree of organization, and specific types of criminal activities connected with their antisocial orientation are described. It is rather often that Russian criminal organizations attract a great deal of mass media attention, which creates the impression that they are wide-spread. In Spain, any criminal organization created by citizens of the ex-USSR states is defined as «Russian mafia». However, in spite of considerable media coverage, the degree of Russian organized crime’s presence on the territory of Catalonia should not be overstated. Using the analysis of official data from the Catalan Department of the Interior, the author concludes that Russian organized crime does not hold a dominant position in the overall structure of organized crime in the region as its specific weight does not exceed 2 %.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"69 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86409901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-30DOI: 10.17150/2500-4255.2021.15(2).199-209
O. Guzeeva
A comparison of the goals of punishment and the goals of restricting rights and freedoms declared in the Constitution shows that only crime prevention, both at the level of a threat of punishment and the actual execution of punishment, fully corresponds to the constitutional standards of restricting rights. The goal of restoring social justice cannot legitimize punishment because it turns punishment into a demonstration of a just retribution for the violations committed by the offender. The goal of correcting convicts does not have direct legal grounds in Russia as well. However, since punishment includes both a restriction of rights and educational-rehabilitation programs, the goal of correction could only be justified as an element of penitentiary rehabilitation practice, as a desired result of moral and psychological influence on a person. The analysis of the contents of punishment from the standpoint of restricting human rights showed that these restrictions of rights of a convicted person could be either a part of punishment or could be immediately connected with the punishment, ensuring its execution and constituting part of the «punishment regime». The restrictions of rights in the process of executing a punishment (compulsive labor, restriction of visits, etc.) could only be introduced as necessary restrictions that ensure not only the law-abiding behavior of convicts during the term of punishment and their correction, but also a preparation for their release. The restrictions of rights and freedoms that constitute the essence of criminal punishment should not infringe on the «core of the personality», should not result in a situation when these rights and freedoms become meaningless, should not be cruel or humiliating for human dignity. It is established that the following rights should not be restricted as a criminal punishment: a right to life, equality, privacy, inviolability of the home, use of a native language, freedom of belief, conscience and religion, freedom of thought and speech, a right to education, protection provided by the state, and some others. The deprivation or restriction of three rights should be recognized as rational and sufficient for constituting punishment: those of physical freedom, property and involvement in some types of activities.
{"title":"Purposes and Content of Legal Restrictions in Criminal Punishment","authors":"O. Guzeeva","doi":"10.17150/2500-4255.2021.15(2).199-209","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(2).199-209","url":null,"abstract":"A comparison of the goals of punishment and the goals of restricting rights and freedoms declared in the Constitution shows that only crime prevention, both at the level of a threat of punishment and the actual execution of punishment, fully corresponds to the constitutional standards of restricting rights. The goal of restoring social justice cannot legitimize punishment because it turns punishment into a demonstration of a just retribution for the violations committed by the offender. The goal of correcting convicts does not have direct legal grounds in Russia as well. However, since punishment includes both a restriction of rights and educational-rehabilitation programs, the goal of correction could only be justified as an element of penitentiary rehabilitation practice, as a desired result of moral and psychological influence on a person. The analysis of the contents of punishment from the standpoint of restricting human rights showed that these restrictions of rights of a convicted person could be either a part of punishment or could be immediately connected with the punishment, ensuring its execution and constituting part of the «punishment regime». The restrictions of rights in the process of executing a punishment (compulsive labor, restriction of visits, etc.) could only be introduced as necessary restrictions that ensure not only the law-abiding behavior of convicts during the term of punishment and their correction, but also a preparation for their release. The restrictions of rights and freedoms that constitute the essence of criminal punishment should not infringe on the «core of the personality», should not result in a situation when these rights and freedoms become meaningless, should not be cruel or humiliating for human dignity. It is established that the following rights should not be restricted as a criminal punishment: a right to life, equality, privacy, inviolability of the home, use of a native language, freedom of belief, conscience and religion, freedom of thought and speech, a right to education, protection provided by the state, and some others. The deprivation or restriction of three rights should be recognized as rational and sufficient for constituting punishment: those of physical freedom, property and involvement in some types of activities.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"83 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74548653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-30DOI: 10.17150/2500-4255.2021.15(2).159-166
S. Inshakov
The author suggests reviving one of the traditional approaches to researching life in different regions — area studies — within the framework of criminology. Area studies are defined as a comprehensive study of the country, its territory, people and tribes that inhabit it, as well as specific features of its state system, social and political processes, institutions and other phenomena that could present interest for research. The correlation between area studies and regional studies is shown, and the prerequisites for the development of area studies as a source of practical information and a method of fundamental cognition of nature and society are described. The author studies key stages of the development of area studies as an independent discipline and as a field of research and analyzes its specific branches: military and criminological area studies, Oriental studies, etc. The criminological component of area studies played a significant role at the earliest stages of this discipline’s development. The author also describes the essence of criminological area studies, shows the significance of this field of research, delineates criminological area studies and such research fields as the geography of crime and the regional differences of criminal-criminogenic phenomenon. The difference between criminological area studies and comparativism as a method of criminological research is shown. It is proven that area studies are a prerequisite for the development of a new criminological paradigm. At the same time, criminological area studies are viewed as a productive method of understanding new regularities in the criminal sphere that opens up new knowledge frontiers for researchers. The author describes the advantages of studying different aspects of a country’s life as indicators of crimes in comparison with statistical analysis. Examples of identifying fundamental regularities of the criminal-criminogenic phenomenon based on area studies are presented. Considerable attention is paid to the comparative analysis of corruption in the People’s Republic of China, the Russian Federation and Ukraine. The author compares the objectivity of statistical data on the level of corruption and the area studies’ indicators of the degree to which a society is affected by corruption processes. Using the data of criminological area studies, the author argues for the civilization approach to researching deviant behavior and the criminal sphere as well as for identifying civilizational types of crime.
{"title":"Criminological Aspect of Area Studies as a Trend in the Scientific Study of Crime","authors":"S. Inshakov","doi":"10.17150/2500-4255.2021.15(2).159-166","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(2).159-166","url":null,"abstract":"The author suggests reviving one of the traditional approaches to researching life in different regions — area studies — within the framework of criminology. Area studies are defined as a comprehensive study of the country, its territory, people and tribes that inhabit it, as well as specific features of its state system, social and political processes, institutions and other phenomena that could present interest for research. The correlation between area studies and regional studies is shown, and the prerequisites for the development of area studies as a source of practical information and a method of fundamental cognition of nature and society are described. The author studies key stages of the development of area studies as an independent discipline and as a field of research and analyzes its specific branches: military and criminological area studies, Oriental studies, etc. The criminological component of area studies played a significant role at the earliest stages of this discipline’s development. The author also describes the essence of criminological area studies, shows the significance of this field of research, delineates criminological area studies and such research fields as the geography of crime and the regional differences of criminal-criminogenic phenomenon. The difference between criminological area studies and comparativism as a method of criminological research is shown. It is proven that area studies are a prerequisite for the development of a new criminological paradigm. At the same time, criminological area studies are viewed as a productive method of understanding new regularities in the criminal sphere that opens up new knowledge frontiers for researchers. The author describes the advantages of studying different aspects of a country’s life as indicators of crimes in comparison with statistical analysis. Examples of identifying fundamental regularities of the criminal-criminogenic phenomenon based on area studies are presented. Considerable attention is paid to the comparative analysis of corruption in the People’s Republic of China, the Russian Federation and Ukraine. The author compares the objectivity of statistical data on the level of corruption and the area studies’ indicators of the degree to which a society is affected by corruption processes. Using the data of criminological area studies, the author argues for the civilization approach to researching deviant behavior and the criminal sphere as well as for identifying civilizational types of crime.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"54 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79423697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-30DOI: 10.17150/2500-4255.2021.15(2).210-219
A. Smirnov, A. Santashov
The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the development of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.
{"title":"Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response","authors":"A. Smirnov, A. Santashov","doi":"10.17150/2500-4255.2021.15(2).210-219","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(2).210-219","url":null,"abstract":"The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the development of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86375888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-30DOI: 10.17150/2500-4255.2021.15(2).248-260
Michael Menzhega, M. Sawelewa, A. Smuskin
The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.
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Pub Date : 2021-04-30DOI: 10.17150/2500-4255.2021.15(2).220-228
N. Lopashenko
When formulating the objective side of economic crimes, the lawmakers often use such a result of deviant economic behavior as material damage, which could be large or particularly large; they also characterize the offence through the scale of actions or the amount of criminally acquired income (avoidance of losses) — its large (particularly large) amount. In general, this is a rational approach since the crimes are committed in the economic sphere, so their consequences and other features could and should be expressed through economic indicators. The problem for crimes under Chapter 22 of the Criminal Code of the Russian Federation consists in the fact that the number of legally defined variations in the understanding of large and particularly large amounts is constantly increasing and the difference between their minimum and the maximum levels is steadily growing. The article contains a detailed analysis of the contemporary condition of the problem of criteria for defining a large (particularly large) amount of income, damage, etc. for economic crimes. The author notes that there are 18 different variants for understanding a large amount of damage, income, or debt, and in 14 cases this large amount acts as the only indication of crime, i.e. the feature that makes it possible to criminalize the action. The same analysis is applied to the concept of a particularly large amount; Chapter 22 of the CC of the RF contains 12 variants of it. Such a wide range of values results in a number of negative consequences: the borders of criminalization for similar actions are defined differently, the limits of punishments included for them in the sanctions are established differently, different conditions for applying the norms of exemption from criminal liability for economic crimes are formed. The author analyses various ideas on changing approaches to defining the concepts of large (particularly large) amounts of income, damage, debt, and shows how these drawbacks in criminal legislation could be eliminated.
{"title":"The Values of Large (Particularly Large) Amounts of Income, Damage, Indebtedness for Economic Crimes","authors":"N. Lopashenko","doi":"10.17150/2500-4255.2021.15(2).220-228","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(2).220-228","url":null,"abstract":"When formulating the objective side of economic crimes, the lawmakers often use such a result of deviant economic behavior as material damage, which could be large or particularly large; they also characterize the offence through the scale of actions or the amount of criminally acquired income (avoidance of losses) — its large (particularly large) amount. In general, this is a rational approach since the crimes are committed in the economic sphere, so their consequences and other features could and should be expressed through economic indicators. The problem for crimes under Chapter 22 of the Criminal Code of the Russian Federation consists in the fact that the number of legally defined variations in the understanding of large and particularly large amounts is constantly increasing and the difference between their minimum and the maximum levels is steadily growing. The article contains a detailed analysis of the contemporary condition of the problem of criteria for defining a large (particularly large) amount of income, damage, etc. for economic crimes. The author notes that there are 18 different variants for understanding a large amount of damage, income, or debt, and in 14 cases this large amount acts as the only indication of crime, i.e. the feature that makes it possible to criminalize the action. The same analysis is applied to the concept of a particularly large amount; Chapter 22 of the CC of the RF contains 12 variants of it. Such a wide range of values results in a number of negative consequences: the borders of criminalization for similar actions are defined differently, the limits of punishments included for them in the sanctions are established differently, different conditions for applying the norms of exemption from criminal liability for economic crimes are formed. The author analyses various ideas on changing approaches to defining the concepts of large (particularly large) amounts of income, damage, debt, and shows how these drawbacks in criminal legislation could be eliminated.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"2 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88781909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-30DOI: 10.17150/2500-4255.2021.15(2).238-247
S. Markuntsov, Martin Wassmer
Using a broad understanding of criminal law risks, their classification, and issues examined within the recently proposed theory of criminal riskology, the authors conclude that it is necessary to apply this theory to the research of public relations in the field of counteracting corruption, and specifically, to assess criminal law risks of corruption in the private sector, or commercial corruption. In this connection, alongside the group of corruption-related crimes, corruption crimes that are included in the Russian doctrine of criminal law and criminology, they propose specifying an independent group of crimes in the field of anticorruption compliance, which are based on criminal breach of contracts of service in commercial or other organizations and, primarily, crimes connected with commercial bribery. The authors also use their assessment of Russian and German criminal legislation and the practice of its enforcement to conduct a general analysis of crimes that could be classified as crimes in the field of anticorruption compliance. According to the authors, such crimes include corruption-related crimes proper if they are characterized by specific crime-indication features as well as so-called accompanying crimes (mainly, economic ones). Although a compilation of a full list of corresponding crimes is not included in the scope of this article, the authors believe that it will directly depend on the maximally precise understanding of the «picture» of criminal law risks of corruption in the private sector. They come to the conclusion that the system of crimes in the field of anticorruption compliance differs in its quantitative and qualitative characteristics from the systems of corruption-related crimes and corruption crimes. Separating crimes in the field of anticorruption compliance as a separate group alongside corruption-related crimes (corruption crimes) will make it possible to examine the mechanisms of committing such crimes more thoroughly, to work out special measures of their prevention, to conduct a detailed analysis of their criminological features and, in general, will contribute to the improvement of the system of counteracting corruption within the frameworks of not only Russian, but also German practice of law enforcement.
{"title":"On Criminal Law Risks and the System of Crimes in the Field of Anti-Corruption Compliance","authors":"S. Markuntsov, Martin Wassmer","doi":"10.17150/2500-4255.2021.15(2).238-247","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(2).238-247","url":null,"abstract":"Using a broad understanding of criminal law risks, their classification, and issues examined within the recently proposed theory of criminal riskology, the \u0000authors conclude that it is necessary to apply this theory to the research of public relations in the field of counteracting corruption, and specifically, to assess criminal law risks of corruption in the private sector, or commercial corruption. In this connection, alongside the group of corruption-related crimes, corruption crimes that are included in the Russian doctrine of criminal law and criminology, they propose specifying an independent group of crimes in the field of anticorruption compliance, which are based on criminal breach of contracts of service in commercial or other organizations and, primarily, crimes connected with commercial bribery. The authors also use their assessment of Russian and German criminal legislation and the practice of its enforcement to conduct a general analysis of crimes that could be classified as crimes in the field of anticorruption compliance. According to the authors, such crimes include corruption-related crimes proper if they are characterized by specific crime-indication features as well as so-called accompanying crimes (mainly, economic ones). Although a compilation of a full list of corresponding crimes is not included in the scope of this article, the authors believe that it will directly depend on the maximally precise understanding of the «picture» of criminal law risks of corruption in the private sector. They come to the conclusion that the system of crimes in the field of anticorruption compliance differs in its quantitative and qualitative characteristics from the systems of corruption-related crimes and corruption crimes. Separating crimes in the field of anticorruption compliance as a separate group alongside corruption-related crimes (corruption crimes) will make it possible to examine the mechanisms of committing such crimes more thoroughly, to work out special measures of their prevention, to conduct a detailed analysis of their criminological features and, in general, will contribute to the improvement of the system of counteracting corruption within the frameworks of not only Russian, but also German practice of law enforcement.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"24 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83139514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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