Pub Date : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).90-102
Kirill Zlokazov
The relevance of the research is connected with the necessity to counteract mass shootings of schoolkids and teachers that are carried out by the students themselves. In spite of the undertaken measures, the likelihood of armed attacks against Russian educational establishments remains high. The author describes a complex of factors that provoke adolescents to carry out mass shootings using information about similar crimes committed in the USA. The goal of this research is to describe the risk factors for armed attacks on educational establishments connected with the problems of the social environment of adolescents and difficulties in their social interactions. The research is based on the principles and theories of social sciences, the theoretical research methods — generalization and systemization of information. Empirical research methods are descriptive statistics, calculation of mean values and standard deviations. The conducted work allowed the author to identify a complex of characteristics describing the circumstances of mass shootings committed by adolescents in the USA. Features of mass shootings in educational establishments are presented, parameters of armed attacks, factors influencing the choice of attack target and types of weapons are described. Age and social characteristics of attackers and their motives are given. Socio-cultural, psychological and socio-psychological causes of armed attacks are defined. The role of mass media and means of communication in the propaganda of armed attacks are shown, and trends for the legitimization and gamification of violence are analyzed. Psychological and clinical prerequisites of attacks are determined, and the negative impact that the environment has on an adolescent is established, which is manifested in physical, psychological, sexual and other types of violence, as well as permissiveness in meeting the social needs of adolescents. The obtained results widen our understanding of risk factors instigating adolescents to carry out attacks on educational organizations: problems in interacting with the social environment, the psycho-emotional state of students, a destructive orientation of the adolescent. The practical results of this research are recommendations for ensuring the safety of the information space, the educational establishment, and the development of measures for the psychological-pedagogical support of students.
{"title":"Armed Attacks on Schools by Adolescents in the USA: Socio-Psychological Risk Factors","authors":"Kirill Zlokazov","doi":"10.17150/2500-1442.2023.17(1).90-102","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).90-102","url":null,"abstract":"The relevance of the research is connected with the necessity to counteract mass shootings of schoolkids and teachers that are carried out by the students themselves. In spite of the undertaken measures, the likelihood of armed attacks against Russian educational establishments remains high. The author describes a complex of factors that provoke adolescents to carry out mass shootings using information about similar crimes committed in the USA. The goal of this research is to describe the risk factors for armed attacks on educational establishments connected with the problems of the social environment of adolescents and difficulties in their social interactions. The research is based on the principles and theories of social sciences, the theoretical research methods — generalization and systemization of information. Empirical research methods are descriptive statistics, calculation of mean values and standard deviations. The conducted work allowed the author to identify a complex of characteristics describing the circumstances of mass shootings committed by adolescents in the USA. Features of mass shootings in educational establishments are presented, parameters of armed attacks, factors influencing the choice of attack target and types of weapons are described. Age and social characteristics of attackers and their motives are given. Socio-cultural, psychological and socio-psychological causes of armed attacks are defined. The role of mass media and means of communication in the propaganda of armed attacks are shown, and trends for the legitimization and gamification of violence are analyzed. Psychological and clinical prerequisites of attacks are determined, and the negative impact that the environment has on an adolescent is established, which is manifested in physical, psychological, sexual and other types of violence, as well as permissiveness in meeting the social needs of adolescents. The obtained results widen our understanding of risk factors instigating adolescents to carry out attacks on educational organizations: problems in interacting with the social environment, the psycho-emotional state of students, a destructive orientation of the adolescent. The practical results of this research are recommendations for ensuring the safety of the information space, the educational establishment, and the development of measures for the psychological-pedagogical support of students.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"166 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136005491","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 : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).54-63
Roman Kuleshov, Elena Foigel
The article discusses the problems of identifying, investigating and detecting the organization of illegal migration and the crimes connected with it. The special military operation in Ukraine did not hinder the growth of migration, on the contrary, it intensified the migration processes, making considerable illegal migration a successful and lucrative area that provides criminals with substantial criminal proceeds. The authors analyze the correlation between the causes of Russia’s attractiveness to migrants and the growth in the number of foreign citizens registered as migrants, the number of temporary residence permits issued during the past year. At the same time, they note a growth in the number of registered crimes committed by foreign citizens and stateless persons in comparison with the same period last year, which makes it necessary to develop methodological recommendations for counteracting them. They describe the schemes and ways of organizing illegal migration when «elastic» labor contracts are made or when «elastic» hotels and hostels are used. The authors discuss difficulties associated with the enforcement of normative legal acts, as well as statistical reports that have a negative impact on the organization and execution of operative and investigative activities of special departments. It is proven that the mechanism of crime, which includes interconnected means of preparing, committing and concealing crimes, their stages, multiple crime participants and the distribution of their roles, poses considerable difficulties and calls for consolidated efforts of law enforcement bodies. The factors of normative legal regulation hindering the identification and detection of the organization of illegal migration are named. Specific features of the criminalistic research of ethnic characteristics of migrants and their use for investigating crimes are examined. The authors also analyze the contemporary condition of the Concept of State Migration Policy, develop recommendations on improving the mechanism of its implementation, and draw conclusions regarding the preventive significance of fighting the organization of illegal migration for counteracting crimes infringing on the rights of the person, public security and the foundations of the constitutional order and security of the Russian state.
{"title":"Counteracting Crimes Related to the Organization of Illegal Migration During the Special Military Operation: Organizational-Legal and Criminalistic Aspects","authors":"Roman Kuleshov, Elena Foigel","doi":"10.17150/2500-1442.2023.17(1).54-63","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).54-63","url":null,"abstract":"The article discusses the problems of identifying, investigating and detecting the organization of illegal migration and the crimes connected with it. The special military operation in Ukraine did not hinder the growth of migration, on the contrary, it intensified the migration processes, making considerable illegal migration a successful and lucrative area that provides criminals with substantial criminal proceeds. The authors analyze the correlation between the causes of Russia’s attractiveness to migrants and the growth in the number of foreign citizens registered as migrants, the number of temporary residence permits issued during the past year. At the same time, they note a growth in the number of registered crimes committed by foreign citizens and stateless persons in comparison with the same period last year, which makes it necessary to develop methodological recommendations for counteracting them. They describe the schemes and ways of organizing illegal migration when «elastic» labor contracts are made or when «elastic» hotels and hostels are used. The authors discuss difficulties associated with the enforcement of normative legal acts, as well as statistical reports that have a negative impact on the organization and execution of operative and investigative activities of special departments. It is proven that the mechanism of crime, which includes interconnected means of preparing, committing and concealing crimes, their stages, multiple crime participants and the distribution of their roles, poses considerable difficulties and calls for consolidated efforts of law enforcement bodies. The factors of normative legal regulation hindering the identification and detection of the organization of illegal migration are named. Specific features of the criminalistic research of ethnic characteristics of migrants and their use for investigating crimes are examined. The authors also analyze the contemporary condition of the Concept of State Migration Policy, develop recommendations on improving the mechanism of its implementation, and draw conclusions regarding the preventive significance of fighting the organization of illegal migration for counteracting crimes infringing on the rights of the person, public security and the foundations of the constitutional order and security of the Russian state.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136005488","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 : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).13-21
Ilya Ilyin
The paper describes the mechanism of implementing the preventive function of protective legal norms, which, being a relatively independent phenomenon, is not isolated from the systematizing influence of regulative legal norms. Regulation and prevention together form an integrated complex of measures of legal influence on public relations. However, the protective norms of administrative-tort and criminal law are «secondary», they are derived from the clauses of regulative law, follow them strictly, and support their systematizing potential. The mechanism of using the preventive potential of protective norms has a linear option and a sequential one, depending on the degree of public danger of an illegal action, the criminological data on the cumulative effect of the damage inflicted and the growing anti-social activity of the perpetrator. The condition for the effective use of the preventive potential of protective legal norms to prevent demonstration-protest crimes lies in applying measures of administrative law and criminal law liability together in a consistent manner, and duly coordinating them with the prescriptions of regulatory legislation. The legal reaction of the state to the threats that objectively arise when the citizens of the Russian Federation exercise their right to the freedom of assembly and speech immediately depends on the type and content of these threats, and logically leads to the discussion of the situations when the state can use criminal law measures to react to the threats and the situations when the administrative-tort measures are sufficient. In more general terms, this is an issue of distinguishing between crimes and administrative offences, which arises both at the stage of establishing responsibility, and the stage of its implementation.
{"title":"Distinguishing Between Crimes and Administrative Offenses Committed During Protest Actions","authors":"Ilya Ilyin","doi":"10.17150/2500-1442.2023.17(1).13-21","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).13-21","url":null,"abstract":"The paper describes the mechanism of implementing the preventive function of protective legal norms, which, being a relatively independent phenomenon, is not isolated from the systematizing influence of regulative legal norms. Regulation and prevention together form an integrated complex of measures of legal influence on public relations. However, the protective norms of administrative-tort and criminal law are «secondary», they are derived from the clauses of regulative law, follow them strictly, and support their systematizing potential. The mechanism of using the preventive potential of protective norms has a linear option and a sequential one, depending on the degree of public danger of an illegal action, the criminological data on the cumulative effect of the damage inflicted and the growing anti-social activity of the perpetrator. The condition for the effective use of the preventive potential of protective legal norms to prevent demonstration-protest crimes lies in applying measures of administrative law and criminal law liability together in a consistent manner, and duly coordinating them with the prescriptions of regulatory legislation. The legal reaction of the state to the threats that objectively arise when the citizens of the Russian Federation exercise their right to the freedom of assembly and speech immediately depends on the type and content of these threats, and logically leads to the discussion of the situations when the state can use criminal law measures to react to the threats and the situations when the administrative-tort measures are sufficient. In more general terms, this is an issue of distinguishing between crimes and administrative offences, which arises both at the stage of establishing responsibility, and the stage of its implementation.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136006862","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 : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).73-80
Ekaterina Ryabtseva
The problem of matching the possibilities and consequences of using artificial intelligence to the purpose of criminal proceedings and its principles is one of the key issues of the modern information society. The aim of the work is to substantiate the use of artificial intelligence in criminal justice. To achieve this goal, the following tasks were solved: the essence of artificial intelligence was determined and its difference from the informatization of justice was shown; the experience of foreign countries regarding the use of artificial intelligence in justice was analyzed; international principles and norms of law governing the use of artificial intelligence in litigation were considered; the forms of using artificial intelligence in the consideration and resolution of a criminal case were analyzed. On the basis of the study, it was concluded that artificial intelligence cannot pass legal, reasonable and fair sentences due to its lack of legal consciousness, which is formed under the influence of various factors (objective, subjective, psychological, legal, logical, socio-historical, and others) that make it possible to come to a decision not through using an algorithm, but by assessing the totality of circumstances with their specific features in each criminal case. At present, it is possible to talk about the assistance of artificial intelligence to justice, but not about replacing traditional justice with it. Any intellectual system is the result of the accumulation of all available knowledge in a certain area, it is possible to promote artificial intelligence in criminal proceedings through the introduction of expert systems. The use of artificial intelligence as an auxiliary tool in the administration of justice is justified for some procedural actions in the court inquiry; in making resolutions, including for drafting court resolutions that have no legal force, but contribute to the administration of justice; for predicting court decisions, etc.
{"title":"The Problem of Using Artificial Intelligence in Criminal Justice","authors":"Ekaterina Ryabtseva","doi":"10.17150/2500-1442.2023.17(1).73-80","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).73-80","url":null,"abstract":"The problem of matching the possibilities and consequences of using artificial intelligence to the purpose of criminal proceedings and its principles is one of the key issues of the modern information society. The aim of the work is to substantiate the use of artificial intelligence in criminal justice. To achieve this goal, the following tasks were solved: the essence of artificial intelligence was determined and its difference from the informatization of justice was shown; the experience of foreign countries regarding the use of artificial intelligence in justice was analyzed; international principles and norms of law governing the use of artificial intelligence in litigation were considered; the forms of using artificial intelligence in the consideration and resolution of a criminal case were analyzed. On the basis of the study, it was concluded that artificial intelligence cannot pass legal, reasonable and fair sentences due to its lack of legal consciousness, which is formed under the influence of various factors (objective, subjective, psychological, legal, logical, socio-historical, and others) that make it possible to come to a decision not through using an algorithm, but by assessing the totality of circumstances with their specific features in each criminal case. At present, it is possible to talk about the assistance of artificial intelligence to justice, but not about replacing traditional justice with it. Any intellectual system is the result of the accumulation of all available knowledge in a certain area, it is possible to promote artificial intelligence in criminal proceedings through the introduction of expert systems. The use of artificial intelligence as an auxiliary tool in the administration of justice is justified for some procedural actions in the court inquiry; in making resolutions, including for drafting court resolutions that have no legal force, but contribute to the administration of justice; for predicting court decisions, etc.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136005489","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 : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).81-89
Samvel Kochoi, Ron Kochoi
The authors analyze the features of international terrorism. It is proven that international («external») terrorism should be recognized as an independent legal phenomenon, separate from the domestic («internal») terrorism. The authors agree with those researchers who consider international terrorism to be one of the varieties of terrorism, but believe that the suggested attributes of international terrorism should be modified. While the territorial attribute and the attribute of citizenship of the culprit generally do not raise any objections, the authors argue in support of their position regarding the specific features of the victims of international terrorism, they state that such features could be anything as long as they define a group of people that is different from the group to which the members of an international terrorist organization belong: religious, racial, ethnic, national, linguistic, political features, etc. Another attribute supported in the article is the recognition of the terrorist organization as an international one by the national judicial (law enforcement) bodies. This allows the authors to suggest that the current legislation of the Russian Federation should include a procedure for recognizing a terrorist organization as an international one. This suggestion takes into consideration the fact that the FSB, which keeps a Unified Federal List of Terrorist Organizations, differentiates between Russian, foreign and international terrorist organizations in its practical work. The authors conclude that international terrorism is characterizes by such attributes as unlawfulness, territoriality, certain citizenship of the culprit and (or) the victim of terrorism, identification of the victim with certain groups of people, recognition of the subject of terrorism (terrorist organization) as an international one. It is suggested that the Federal Law «On Counteracting Terrorism» should be supplemented by the norm that describes the concept of an «international terrorist organization». It is proven that the recognition of a terrorist organization as an international one (or a foreign one) should be exclusively within the jurisdiction of the Supreme Court of the Russian Federation. As for the analysis of the forms of international terrorism, it is argued that the most dangerous ones are «Islamist» (religious) and «right» (racist, Nazi) terrorism.
{"title":"International Terrorism: Attributes and Forms","authors":"Samvel Kochoi, Ron Kochoi","doi":"10.17150/2500-1442.2023.17(1).81-89","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).81-89","url":null,"abstract":"The authors analyze the features of international terrorism. It is proven that international («external») terrorism should be recognized as an independent legal phenomenon, separate from the domestic («internal») terrorism. The authors agree with those researchers who consider international terrorism to be one of the varieties of terrorism, but believe that the suggested attributes of international terrorism should be modified. While the territorial attribute and the attribute of citizenship of the culprit generally do not raise any objections, the authors argue in support of their position regarding the specific features of the victims of international terrorism, they state that such features could be anything as long as they define a group of people that is different from the group to which the members of an international terrorist organization belong: religious, racial, ethnic, national, linguistic, political features, etc. Another attribute supported in the article is the recognition of the terrorist organization as an international one by the national judicial (law enforcement) bodies. This allows the authors to suggest that the current legislation of the Russian Federation should include a procedure for recognizing a terrorist organization as an international one. This suggestion takes into consideration the fact that the FSB, which keeps a Unified Federal List of Terrorist Organizations, differentiates between Russian, foreign and international terrorist organizations in its practical work. The authors conclude that international terrorism is characterizes by such attributes as unlawfulness, territoriality, certain citizenship of the culprit and (or) the victim of terrorism, identification of the victim with certain groups of people, recognition of the subject of terrorism (terrorist organization) as an international one. It is suggested that the Federal Law «On Counteracting Terrorism» should be supplemented by the norm that describes the concept of an «international terrorist organization». It is proven that the recognition of a terrorist organization as an international one (or a foreign one) should be exclusively within the jurisdiction of the Supreme Court of the Russian Federation. As for the analysis of the forms of international terrorism, it is argued that the most dangerous ones are «Islamist» (religious) and «right» (racist, Nazi) terrorism.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"376 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136005490","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 : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).35-43
Dmitry Zhmurov
The goal of the article is to develop some aspects in the theoretical basis of digital thefts’ victimology. A digital theft is understood as stealing digital identifiers, assets, utilitarian digital rights or technological resources through inputting, blocking and modifying computer information. A victim of digital theft is a physical (juridical) person who suffered property or other damage from the illegal seizure of the abovementioned intangible objects. The author suggests singling out the following types of victims, depending on the crimes: 1. Thefts of means of payment (electronic and cryptocurrency, token-actions, credit tokens). They are carried out by a third party gaining illegal access to the blockchain purse of the victim or unsanctioned transfers from it. 2. Thefts of information (passwords, access keys, personal identifiers, accounts, elements of a digital person). The main type of information to be compromised is the so-called governing information in its numerous forms. 3. Thefts of resources (computational capacities, traffic, electric energy). From the economic viewpoint, this is theft of key production capacities of the information era. This subgroup includes victims of computational capacities’ theft (unsanctioned use of the victim’s processor and appropriation of the capacities of personal computers without the knowledge of the user), internet traffic (tunnelling), electric energy (unlawful use of energy resources through unsanctioned connection to the network with the use of telecommunication technologies). The author draws some conclusions regarding the spread of such crimes and the traditional risk groups among Internet users who run a higher chance of the type of victimization under analysis. The topic of digital thefts is considered to be highly urgent and relevant for complex research in the spheres of cybercriminology, cybercriminalistics and cybervictimology. This is of principal importance in the conditions of the digital transformation of the economy and criminalization of new actions infringing on the electronic means of payment (such as thefts from a bank account or other actions involving digital currency included in Part 3, Art. 158 of the Criminal Code of the Russian Federation).
{"title":"Digital Theft: Concept, Contents, Victims and Their Classification","authors":"Dmitry Zhmurov","doi":"10.17150/2500-1442.2023.17(1).35-43","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).35-43","url":null,"abstract":"The goal of the article is to develop some aspects in the theoretical basis of digital thefts’ victimology. A digital theft is understood as stealing digital identifiers, assets, utilitarian digital rights or technological resources through inputting, blocking and modifying computer information. A victim of digital theft is a physical (juridical) person who suffered property or other damage from the illegal seizure of the abovementioned intangible objects. The author suggests singling out the following types of victims, depending on the crimes: 1. Thefts of means of payment (electronic and cryptocurrency, token-actions, credit tokens). They are carried out by a third party gaining illegal access to the blockchain purse of the victim or unsanctioned transfers from it. 2. Thefts of information (passwords, access keys, personal identifiers, accounts, elements of a digital person). The main type of information to be compromised is the so-called governing information in its numerous forms. 3. Thefts of resources (computational capacities, traffic, electric energy). From the economic viewpoint, this is theft of key production capacities of the information era. This subgroup includes victims of computational capacities’ theft (unsanctioned use of the victim’s processor and appropriation of the capacities of personal computers without the knowledge of the user), internet traffic (tunnelling), electric energy (unlawful use of energy resources through unsanctioned connection to the network with the use of telecommunication technologies). The author draws some conclusions regarding the spread of such crimes and the traditional risk groups among Internet users who run a higher chance of the type of victimization under analysis. The topic of digital thefts is considered to be highly urgent and relevant for complex research in the spheres of cybercriminology, cybercriminalistics and cybervictimology. This is of principal importance in the conditions of the digital transformation of the economy and criminalization of new actions infringing on the electronic means of payment (such as thefts from a bank account or other actions involving digital currency included in Part 3, Art. 158 of the Criminal Code of the Russian Federation).","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"194 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136006858","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 : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).64-72
Alexander Moiseev, Sergey Kondratyuk
The authors examine the structure of the investigative technique used to investigate the occupation of the highest position in the criminal hierarchy. This technique is presented as a way to algorithmize and optimize the investigation. The attributes of the investigative technique for the abovementioned type of crimes are identified: 1) the legal attribute shows that it belongs to investigative activities; 2) the information attribute reflects criteria for the information effectiveness of conducting an investigation; 3) the structural attribute unites series of work operations adapted to the specific circumstances of the investigation; 4) the attribute of taking into account the investigation counteraction factor. It is proven that the resources of investigation (material, technical, personnel, information, normative-legal) should be used effectively and rationally. The sector of tasks included in the structure of the investigative technique of investigating the occupation of the highest position in the criminal hierarchy determine the key guidelines for conducting investigations in difficult and ambiguous conditions. The tasks are distributed for the stages of conducting an investigation. The specific features of these tasks are identified. The authors demonstrate the significance of such forensic expertise as criminological, culturological, psychological, economic, photo-portrait, and others, in investigating the occupation of the highest position in the criminal hierarchy. The sector of personnel support of this investigation technique describes the actions of the investigator that use the human resources potential of the investigative bodies and court-expert organizations. The section of material and technical support includes recommendations on using the operative-technical tools, technical-criminalistic tools and resources of specific criminalistic methods. The authors point out the problem of the accessibility of material-technical, personnel, information, normative-legal and other resources of the investigation. This section of investigative technique also contains information on specialists and experts involved in investigative actions and expertise. The authors discuss the problem of investigative prevention of occupying the highest position in the criminal hierarchy. The effectiveness of the technique of investigating the occupation of the highest position in the criminal hierarchy is proven by cases from investigative and court practice.
{"title":"Investigating the Occupation of the Highest Position in the Criminal Hierarchy: a Technological Approach","authors":"Alexander Moiseev, Sergey Kondratyuk","doi":"10.17150/2500-1442.2023.17(1).64-72","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).64-72","url":null,"abstract":"The authors examine the structure of the investigative technique used to investigate the occupation of the highest position in the criminal hierarchy. This technique is presented as a way to algorithmize and optimize the investigation. The attributes of the investigative technique for the abovementioned type of crimes are identified: 1) the legal attribute shows that it belongs to investigative activities; 2) the information attribute reflects criteria for the information effectiveness of conducting an investigation; 3) the structural attribute unites series of work operations adapted to the specific circumstances of the investigation; 4) the attribute of taking into account the investigation counteraction factor. It is proven that the resources of investigation (material, technical, personnel, information, normative-legal) should be used effectively and rationally. The sector of tasks included in the structure of the investigative technique of investigating the occupation of the highest position in the criminal hierarchy determine the key guidelines for conducting investigations in difficult and ambiguous conditions. The tasks are distributed for the stages of conducting an investigation. The specific features of these tasks are identified. The authors demonstrate the significance of such forensic expertise as criminological, culturological, psychological, economic, photo-portrait, and others, in investigating the occupation of the highest position in the criminal hierarchy. The sector of personnel support of this investigation technique describes the actions of the investigator that use the human resources potential of the investigative bodies and court-expert organizations. The section of material and technical support includes recommendations on using the operative-technical tools, technical-criminalistic tools and resources of specific criminalistic methods. The authors point out the problem of the accessibility of material-technical, personnel, information, normative-legal and other resources of the investigation. This section of investigative technique also contains information on specialists and experts involved in investigative actions and expertise. The authors discuss the problem of investigative prevention of occupying the highest position in the criminal hierarchy. The effectiveness of the technique of investigating the occupation of the highest position in the criminal hierarchy is proven by cases from investigative and court practice.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136006861","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 : 2022-03-11DOI: 10.17150/2500-4255.2022.16(1).82-90
R. Aslanyan
The questions of the internal structure and system of the special part of criminal law remain relevant in spite of a large number of scientific works on this topic. One of the complicated theoretical questions is the characteristics of the initial element of the branch of law’s system in criminal law. Scholars suggest using either the legal norm or the regulatory prescription as such an element. The discussion of their correlation is of much significance within the framework of the positivist theory of law. The author supports the ideas of the logical model of correlation between the norm and the prescription and claims that the criminal law norm, as a holistic rule of behavior determining the rights and liabilities of the participants of criminal law relations, consists of several regulatory prescriptions. From this position, the norm is a logical form of expressing some aggregate of regulatory legal prescriptions. The regulatory prescription of the special part of criminal law is the core determining the contents and structure of the criminal law norm. A significant theoretical issue is the correlation between the regulatory prescription and the text of the criminal law article. Using the logical categories of «concept» and «proposition», the author proves that criminal law prescription of the special part is not to be equated with the text of criminal law because their relationship is that of content and form. The logical form for the expression of a prescription is a separate sentence in the text of the Criminal Code’ Article, a proposition that expresses a complete legislative thought. The contents of the regulatory prescription of the special part of criminal law consist in establishing the grounds and limits of using measures of criminal law reaction against persons who committed crimes. The structure of such prescriptions includes the hypothesis that defines characteristic features of specific crimes, and the disposition that described the degree to which the state is free to decide on the choice of the type and amount of punishment that can be imposed on the guilty person. In order to observe the constitutional rules of formulating the criminal law prohibition and ensuring the logical norms of their expression in the text of the law, the author proves the necessity of phasing out the use of simple dispositions and the repetition of the title of the crime in the disposition.
{"title":"The Concept and Content of Regulatory Prescription in the Special Part of Criminal Law","authors":"R. Aslanyan","doi":"10.17150/2500-4255.2022.16(1).82-90","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).82-90","url":null,"abstract":"The questions of the internal structure and system of the special part of criminal law remain relevant in spite of a large number of scientific works on this topic. One of the complicated theoretical questions is the characteristics of the initial element of the branch of law’s system in criminal law. Scholars suggest using either the legal norm or the regulatory prescription as such an element. The discussion of their correlation is of much significance within the framework of the positivist theory of law. The author supports the ideas of the logical model of correlation between the norm and the prescription and claims that the criminal law norm, as a holistic rule of behavior determining the rights and liabilities of the participants of criminal law relations, consists of several regulatory prescriptions. From this position, the norm is a logical form of expressing some aggregate of regulatory legal prescriptions. The regulatory prescription of the special part of criminal law is the core determining the contents and structure of the criminal law norm. A significant theoretical issue is the correlation between the regulatory prescription and the text of the criminal law article. Using the logical categories of «concept» and «proposition», the author proves that criminal law prescription of the special part is not to be equated with the text of criminal law because their relationship is that of content and form. The logical form for the expression of a prescription is a separate sentence in the text of the Criminal Code’ Article, a proposition that expresses a complete legislative thought. The contents of the regulatory prescription of the special part of criminal law consist in establishing the grounds and limits of using measures of criminal law reaction against persons who committed crimes. The structure of such prescriptions includes the hypothesis that defines characteristic features of specific crimes, and the disposition that described the degree to which the state is free to decide on the choice of the type and amount of punishment that can be imposed on the guilty person. In order to observe the constitutional rules of formulating the criminal law prohibition and ensuring the logical norms of their expression in the text of the law, the author proves the necessity of phasing out the use of simple dispositions and the repetition of the title of the crime in the disposition.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"144 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76234154","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 : 2022-03-11DOI: 10.17150/2500-4255.2022.16(1).57-72
S. Ivantsov, Aleksey Saranov
The goal of this research is to analyze the urgent problems of developing and enforcing the criminal law measures to counteract the trafficking of children in the Russian Federation and other CIS member states, and to use this analysis in working out the suggestions on how to improve these measures. The subject of the research are public relations within which the criminal law norms of liability for the trafficking of children are designed. The object of the research is the aggregate of legislative, theoretical and practical issues whose analysis will contribute to the development of that part of the doctrine of criminal law connected with counteracting crimes against personal freedom, interests of the family and minors. The article contains an analysis of clauses in a number of international legal acts, a comparative study of criminal law norms of the Russian Federation and other CIS member states regulating liability for trafficking of children, as well as the materials of court practice, official statistics on convictions for human trafficking in general and trafficking of minors in particular. The methodological basis of research is general scientific and special methods of cognition, including the comparative legal method and the method of scientific modeling. The results of a complex study of the contemporary problems of criminal law counteraction to trafficking of children are used to develop and present suggestions on improving model and national criminal legislation of the Russian Federation and other CIS member states. The author describes characteristic features of the trafficking of minors connected with specific elements of this crime, presents arguments regarding the expediency of further differentiation of liability for committing it, gives recommendations on using positive foreign experience. In general, the author concludes that it is impossible to improve the effectiveness of counteracting trafficking of minors on the territory of the CIS member states without a continuous improvement of international legal basis and national legislations of the corresponding countries, including those aimed at the unification of criminal law norms on liability for the crime under consideration.
{"title":"Current Challenges in Countering the Trafficking of Children in the CIS Member States","authors":"S. Ivantsov, Aleksey Saranov","doi":"10.17150/2500-4255.2022.16(1).57-72","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).57-72","url":null,"abstract":"The goal of this research is to analyze the urgent problems of developing and enforcing the criminal law measures to counteract the trafficking of children in the Russian Federation and other CIS member states, and to use this analysis in working out the suggestions on how to improve these measures. The subject of the research are public relations within which the criminal law norms of liability for the trafficking of children are designed. The object of the research is the aggregate of legislative, theoretical and practical issues whose analysis will contribute to the development of that part of the doctrine of criminal law connected with counteracting crimes against personal freedom, interests of the family and minors. The article contains an analysis of clauses in a number of international legal acts, a comparative study of criminal law norms of the Russian Federation and other CIS member states regulating liability for trafficking of children, as well as the materials of court practice, official statistics on convictions for human trafficking in general and trafficking of minors in particular. The methodological basis of research is general scientific and special methods of cognition, including the comparative legal method and the method of scientific modeling. The results of a complex study of the contemporary problems of criminal law counteraction to trafficking of children are used to develop and present suggestions on improving model and national criminal legislation of the Russian Federation and other CIS member states. The author describes characteristic features of the trafficking of minors connected with specific elements of this crime, presents arguments regarding the expediency of further differentiation of liability for committing it, gives recommendations on using positive foreign experience. In general, the author concludes that it is impossible to improve the effectiveness of counteracting trafficking of minors on the territory of the CIS member states without a continuous improvement of international legal basis and national legislations of the corresponding countries, including those aimed at the unification of criminal law norms on liability for the crime under consideration.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"12 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85450655","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 : 2022-03-11DOI: 10.17150/2500-4255.2022.16(1).39-46
Fyarit Safin, A. Bazhenov
The authors analyze the determinants of juvenile crime from the standpoint of the impact of violent computer games on their mental health and delinquent behavior in the modern Russian society. The study is based upon the achievements in psychology and juvenile criminology. The object of the study is students of senior classes of secondary schools from three districts of Saint Petersburg with the most unfavorable criminological situation in the sphere of youth crime (275 persons), and juveniles with delinquent behavior and at least one criminal conviction who study in a specialized educational establishment (225 persons). The goal of the study was to examine the correlation between violent game content consumed by teenagers and their aggressive behavioral reactions. The obtained results proved three hypotheses that were put forward: 1) adolescents with a criminal record use game gadgets more often than their law-abiding peers, and prefer «dangerous» genres of computer games; 2) game content influences the behavioral reactions of such adolescents more intensively than it influences the reactions of their peers; 3) violent computer games do not weaken the aggression of modern teenagers and do not help to ease emotional tension. The obtained results allowed the authors to conclude that there is an evident trend for a growing role of game gadgets for the modern generation of teenagers, and their active use of violent computer games can act as one of the causes of their criminalization and the spread of juvenile crime in the Russian society. The conducted study may contribute to solving the research task of analyzing the causal complex and finding the relevant determinants of criminal behavior of modern adolescents.
{"title":"The Destructive Impact of Computer Game Content on Juvenile Delinquency","authors":"Fyarit Safin, A. Bazhenov","doi":"10.17150/2500-4255.2022.16(1).39-46","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).39-46","url":null,"abstract":"The authors analyze the determinants of juvenile crime from the standpoint of the impact of violent computer games on their mental health and delinquent behavior in the modern Russian society. The study is based upon the achievements in psychology and juvenile criminology. The object of the study is students of senior classes of secondary schools from three districts of Saint Petersburg with the most unfavorable criminological situation in the sphere of youth crime (275 persons), and juveniles with delinquent behavior and at least one criminal conviction who study in a specialized educational establishment (225 persons). The goal of the study was to examine the correlation between violent game content consumed by teenagers and their aggressive behavioral reactions. The obtained results proved three hypotheses that were put forward: 1) adolescents with a criminal record use game gadgets more often than their law-abiding peers, and prefer «dangerous» genres of computer games; 2) game content influences the behavioral reactions of such adolescents more intensively than it influences the reactions of their peers; 3) violent computer games do not weaken the aggression of modern teenagers and do not help to ease emotional tension. The obtained results allowed the authors to conclude that there is an evident trend for a growing role of game gadgets for the modern generation of teenagers, and their active use of violent computer games can act as one of the causes of their criminalization and the spread of juvenile crime in the Russian society. The conducted study may contribute to solving the research task of analyzing the causal complex and finding the relevant determinants of criminal behavior of modern adolescents.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"64 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77609551","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}