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Armed Attacks on Schools by Adolescents in the USA: Socio-Psychological Risk Factors 美国青少年武装袭击学校:社会心理风险因素
Pub Date : 2023-03-13 DOI: 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.
这项研究的相关性与抵制学生自己对学生和教师进行大规模枪击的必要性有关。尽管采取了这些措施,武装袭击俄罗斯教育机构的可能性仍然很高。作者利用在美国发生的类似犯罪的信息,描述了引发青少年进行大规模枪击的复杂因素。本研究的目的是描述与青少年的社会环境问题和他们的社会交往困难有关的武装袭击教育机构的危险因素。本研究以社会科学的原理和理论为基础,采用信息概括和系统化的理论研究方法。实证研究方法有描述性统计、计算平均值和标准差。所进行的工作使作者能够确定描述美国青少年大规模枪击事件情况的复杂特征。介绍了教育机构大规模枪击事件的特点,阐述了武装袭击的参数、影响袭击目标选择的因素和武器类型。给出了攻击者的年龄、社会特征及其动机。界定了武装袭击的社会文化、心理和社会心理原因。展示了大众传媒和传播手段在武装袭击宣传中的作用,并分析了暴力合法化和游戏化的趋势。确定攻击的心理和临床先决条件,确定环境对青少年的负面影响,这表现为身体、心理、性和其他类型的暴力,以及在满足青少年的社会需要方面的纵容。研究结果拓宽了我们对青少年对教育机构实施攻击的危险因素的认识:与社会环境的互动问题、学生的心理情绪状态、青少年的破坏性取向。本研究的实际成果为确保资讯空间的安全、教育机构的安全,以及制定学生心理教学支援措施提供建议。
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引用次数: 0
Counteracting Crimes Related to the Organization of Illegal Migration During the Special Military Operation: Organizational-Legal and Criminalistic Aspects 打击特种军事行动中组织非法移民犯罪:组织法与犯罪论
Pub Date : 2023-03-13 DOI: 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.
本文论述了非法移民组织及其相关犯罪的认定、侦查问题。在乌克兰的特别军事行动并没有阻碍移徙的增长,相反,它加剧了移徙进程,使大量的非法移徙成为一个成功和有利可图的领域,为罪犯提供了大量的犯罪收益。作者分析了俄罗斯对移民具有吸引力的原因与去年登记为移民的外国公民数量的增长之间的相关性,即签发的临时居留证的数量。与此同时,他们注意到,与去年同期相比,外国公民和无国籍人所犯罪行的登记数目有所增加,因此有必要拟订对付这些罪行的方法建议。他们描述了在签订“弹性”劳动合同或使用“弹性”酒店和旅馆时组织非法移民的计划和方法。作者讨论了与执行规范性法律行为有关的困难,以及对特别部门的业务和调查活动的组织和执行产生不利影响的统计报告。事实证明,犯罪机制包括犯罪的准备、实施和隐藏的相互联系的手段、犯罪的阶段、多个犯罪参与者及其作用的分布,这构成了相当大的困难,需要执法机构的联合努力。指出了阻碍非法移民组织识别和侦查的规范性法律规制因素。考察了移民民族特征的犯罪学研究的具体特点及其在侦查犯罪中的应用。作者还分析了国家移民政策概念的当代状况,提出了完善其实施机制的建议,并就打击非法移民组织对打击侵犯人身权利、公共安全以及俄罗斯宪法秩序和国家安全基础的犯罪的预防意义得出结论。
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引用次数: 0
Distinguishing Between Crimes and Administrative Offenses Committed During Protest Actions 论抗议行为中犯罪与行政犯罪的区别
Pub Date : 2023-03-13 DOI: 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.
保护性法律规范作为一种相对独立的现象,其预防功能的实现机制离不开规范性法律规范的系统化影响。管制与预防共同构成了公共关系法律影响措施的综合综合体。然而,行政侵权法和刑法的保护规范是“次要的”,它们来源于规定法的条款,严格遵循它们,并支持它们的系统化潜力。利用保护性规范的预防潜力的机制有线性选择和顺序选择,这取决于非法行动的公共危险程度、所造成损害的累积影响的犯罪学数据和犯罪者日益增长的反社会活动。有效发挥保护性法律规范预防潜力预防示威抗议犯罪的条件在于行政法律措施与刑事法律责任措施的统一适用,并与规范性立法的规定进行适当协调。俄罗斯联邦公民在行使其集会和言论自由权时客观产生的威胁,国家的法律反应直接取决于这些威胁的类型和内容,并在逻辑上导致国家可以使用刑法措施来应对威胁的情况和行政侵权措施足够的情况的讨论。更一般地说,这是一个区分罪行和行政罪行的问题,这是在确立责任的阶段和执行责任的阶段产生的。
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引用次数: 0
The Problem of Using Artificial Intelligence in Criminal Justice 人工智能在刑事司法中的应用问题
Pub Date : 2023-03-13 DOI: 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.
运用人工智能的可能性和后果与刑事诉讼目的及其原则的匹配问题是现代信息社会的关键问题之一。这项工作的目的是证实人工智能在刑事司法中的应用。为实现这一目标,解决了以下任务:确定人工智能的本质,揭示其与司法信息化的区别;分析了国外在司法中运用人工智能的经验;审议了关于在诉讼中使用人工智能的国际法律原则和规范;分析了人工智能在刑事案件审理和解决中的应用形式。在研究的基础上得出结论,人工智能由于缺乏法律意识而无法做出合法、合理和公正的判决,而法律意识是在各种因素(客观、主观、心理、法律、逻辑、社会历史等)的影响下形成的,这些因素使得人工智能可以通过评估每个刑事案件中具有特定特征的情况的总体而不是通过算法来做出决定。目前,可以谈论人工智能对司法的辅助,但不能谈论用人工智能取代传统司法。任何智能系统都是某一领域所有可用知识积累的结果,通过引入专家系统来促进刑事诉讼中的人工智能是可能的。在法庭研讯的一些程序性行动中,使用人工智能作为司法行政的辅助工具是合理的;制定决议,包括起草没有法律效力但有助于司法的法院决议;预测法院判决等。
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引用次数: 0
International Terrorism: Attributes and Forms 国际恐怖主义:属性和形式
Pub Date : 2023-03-13 DOI: 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.
作者分析了国际恐怖主义的特点。事实证明,国际(“外部”)恐怖主义应被视为一种独立的法律现象,与国内(“内部”)恐怖主义分开。作者同意一些研究者认为国际恐怖主义是恐怖主义的一种,但认为国际恐怖主义的属性应该修改。虽然罪犯的领土属性和公民身份属性一般不会引起任何反对意见,但作者为支持他们关于国际恐怖主义受害者的具体特征的立场而争辩说,这些特征可以是任何东西,只要它们定义的是一个不同于国际恐怖主义组织成员所属群体的人群:宗教、种族、民族、民族、语言、政治等特点。该条支持的另一个特点是,国家司法(执法)机构承认该恐怖组织为国际组织。因此,作者可以建议,俄罗斯联邦现行立法应包括一项承认恐怖主义组织为国际组织的程序。这一建议考虑到俄罗斯联邦安全局在实际工作中对俄罗斯、外国和国际恐怖组织进行区分,该机构拥有一份统一的联邦恐怖组织名单。作者的结论是,国际恐怖主义具有以下特征:非法性、地域性、罪犯和(或)恐怖主义受害者的某些公民身份、将受害者与某些人群联系起来、承认恐怖主义主体(恐怖组织)为国际恐怖主义主体。有人建议,《反恐怖主义联邦法》应补充说明“国际恐怖组织”概念的规范。事实证明,承认一个恐怖主义组织为国际组织(或外国组织)应完全由俄罗斯联邦最高法院管辖。至于对国际恐怖主义形式的分析,有人认为最危险的是“伊斯兰主义”(宗教)和“右翼”(种族主义、纳粹)恐怖主义。
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引用次数: 0
Digital Theft: Concept, Contents, Victims and Their Classification 数字盗窃:概念、内容、受害者及其分类
Pub Date : 2023-03-13 DOI: 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).
本文的研究目的在于完善数字盗窃被害人学的理论基础。数字盗窃被理解为通过输入、阻止和修改计算机信息来窃取数字标识符、资产、实用数字权利或技术资源。数字盗窃的受害者是因非法夺取上述无形物品而遭受财产或其他损失的自然人(法人)。作者建议,根据犯罪行为,将受害者分为以下几种类型:盗窃支付手段(电子和加密货币,代币行为,信用代币)。它们是由第三方非法访问受害者的区块链钱包或未经批准的转账进行的。2. 窃取信息(密码、访问密钥、个人标识符、帐户、数字人的元素)。被泄露的主要信息类型是所谓的多种形式的治理信息。3.窃取资源(计算能力、交通、电能)。从经济角度看,这是对信息时代关键生产能力的盗窃。这一小组包括计算能力盗窃的受害者(未经批准使用受害者的处理器和在用户不知情的情况下占用个人计算机的能力),互联网流量(隧道),电能(通过使用电信技术未经批准连接到网络非法使用能源资源)。作者对这类犯罪的传播和传统的风险群体做出了一些结论,这些群体在分析中有较高的受害几率。数字盗窃被认为是网络犯罪学、网络犯罪学和网络受害者学领域中非常紧迫和相关的复杂研究课题。在经济数字化转型和将侵犯电子支付手段的新行为(如从银行账户盗窃或俄罗斯联邦刑法第158条第3部分中涉及数字货币的其他行为)定为刑事犯罪的条件下,这一点至关重要。
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引用次数: 0
Investigating the Occupation of the Highest Position in the Criminal Hierarchy: a Technological Approach 调查犯罪等级中最高职位的占据:一种技术方法
Pub Date : 2023-03-13 DOI: 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.
作者考察了用于调查犯罪等级中最高职位的职业的调查技术的结构。该技术是一种算法化和优化调查的方法。对上述犯罪类型侦查技术的属性进行了认定:1)法律属性表明其属于侦查活动;2)信息属性反映了调查信息有效性的标准;3)结构属性将适应调查具体情况的一系列工作操作统一起来;4)考虑侦查反作用因素的属性。实践证明,要有效合理地利用侦查资源(物质、技术、人员、信息、规范法律等)。调查犯罪等级中最高职位的职业的调查技术结构中所包括的任务部门决定了在困难和模糊的情况下进行调查的关键准则。任务是在进行调查的各个阶段分配的。确定了这些任务的具体特征。作者展示了犯罪学、文化学、心理学、经济学、照片肖像等法医专业知识在调查犯罪等级中最高职位的职业方面的重要性。这一调查技术的人员支助部门描述了调查人员利用调查机构和法庭专家组织的人力资源潜力所采取的行动。物质和技术支助部分包括关于使用操作技术工具、技术犯罪工具和具体犯罪方法资源的建议。指出了侦查的物质技术、人员、信息、规范法律等资源的可及性问题。调查技术的这一部分还包含有关参与调查行动和专门知识的专家和专家的信息。探讨了侦查预防在刑事层级中占据最高地位的问题。调查和法庭实践的案例证明了侦查犯罪等级中最高职务的技术的有效性。
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引用次数: 0
Current Challenges in Countering the Trafficking of Children in the CIS Member States 独联体成员国打击贩运儿童的当前挑战
IF 0.1 Pub Date : 2022-03-11 DOI: 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.
本研究的目的是分析在俄罗斯联邦和其他独联体成员国制定和执行打击贩卖儿童的刑法措施方面的紧迫问题,并利用这一分析就如何改进这些措施提出建议。研究的主题是公共关系,在公共关系的范围内设计了贩卖儿童的刑法责任规范。本文的研究对象是立法、理论和实践问题的总和,对这些问题的分析将有助于刑法理论中与打击侵害人身自由、家庭利益和未成年人利益的犯罪有关的部分的发展。这条载有对若干国际法律文件中的条款的分析,对俄罗斯联邦和其他独联体成员国关于贩运儿童责任的刑法规范的比较研究,以及法庭实践的材料,关于贩运人口,特别是贩运未成年人的定罪的官方统计数字。研究的方法论基础是一般科学的认知方法和特殊的认知方法,包括比较法律方法和科学建模方法。对当代打击贩运儿童的刑法问题进行的复杂研究的结果被用来制定和提出关于改进俄罗斯联邦和其他独联体成员国的示范和国家刑事立法的建议。作者描述了与这一罪行的具体要素有关的贩卖未成年人的特点,提出了关于进一步区分犯罪责任的便利的论点,并就利用国外的积极经验提出建议。总的来说,作者的结论是,如果不不断改进国际法律基础和相应国家的国内立法,包括旨在统一所审议的犯罪责任的刑法规范,就不可能提高在独联体成员国领土上打击贩运未成年人的效力。
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引用次数: 0
The Concept and Content of Regulatory Prescription in the Special Part of Criminal Law 刑法特殊部分的规制时效概念与内容
IF 0.1 Pub Date : 2022-03-11 DOI: 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.
刑法特殊部分的内部结构和制度问题,尽管有大量的科学研究,但仍然具有现实意义。刑法分支制度初始要件的特征是一个复杂的理论问题。学者们建议使用法律规范或监管规定作为这样一个要素。在实证法学的框架内探讨二者的相互关系具有重要的意义。作者支持规范与规定性关联逻辑模型的观点,认为刑法规范是确定刑法关系参与者权利与责任的整体行为规则,由若干规定性规定性构成。从这个角度来看,规范是表达一些监管法律规定的逻辑形式。刑法特殊部分的规范性规定是决定刑法规范内容和结构的核心。规制时效与刑法条文文本的关系是一个重要的理论问题。运用“概念”与“命题”的逻辑范畴,论证了特殊部分的刑法规定不应等同于刑法文本,因为它们是内容与形式的关系。时效表述的逻辑形式是刑法条文正文中的单独一句,这是一个表达完整立法思想的命题。刑法特殊部分规制规定的内容在于规定对行为人适用刑法规制措施的依据和限度。这些规定的结构包括定义特定犯罪特征的假设,以及描述国家在多大程度上自由决定可以对罪犯施加的惩罚类型和数量的处置。为了遵守刑法禁止制的宪法规则,保证刑法禁止制在法律文本中表述的逻辑规范,笔者论证了在刑法禁止制中逐步取消使用简单处分和重复犯罪名称的必要性。
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引用次数: 1
Environmental Migration: a Criminological Aspect 环境移民:犯罪学方面
IF 0.1 Pub Date : 2022-03-11 DOI: 10.17150/2500-4255.2022.16(1).30-38
N. Kuznetsova, M. Urda
The authors examine the negative social phenomenon of environmental migration from the criminological viewpoint and describe its causes, character and specific features. They present their own classification of the types of environmental migration and offer examples of each type. It is stressed that environmental migration will be growing in the nearest future due to the worsening environmental problems, mainly connected with the violations of the right of citizens to a favorable environment, including the consequences of environmental crimes. There is a link between illegal and environmental migration, which could be disorganized, forced and often uncontrollable, thus posing a threat to national security and leading to a general destabilization of the situation in the country and the world. As a result of their research, the authors conclude that it is required to develop the instruments of international and state policy of regulating environmental migration as a necessary condition for the prevention of the development of illegal migration and forced uncontrolled movement of people and the minimization of the negative consequences of these phenomena. They argue for widening the concept of «refugee» and «displaced person» by including the category «persons who left their place of residence as a result of natural disasters or irreversible natural phenomena caused by climate change». The authors conclude that environmental migration, having a high criminogenic potential, needs further criminogenic research, which will determine its causes, development trends and potential threats. The creation of the mechanism of its regulation and control requires a thoughtful and balanced approach due to the excessive politicizing of environmental problems.
从犯罪学的角度审视环境移民这一消极社会现象,阐述其成因、特征和具体特征。他们提出了自己对环境移民类型的分类,并提供了每种类型的例子。强调指出,由于环境问题日益恶化,主要是由于公民享有良好环境的权利受到侵犯,包括环境犯罪的后果,环境移民在最近的将来将会增加。非法移徙与环境移徙之间存在联系,这种移徙可能是无组织的、被迫的,而且往往是无法控制的,从而对国家安全构成威胁,并导致该国和世界局势的普遍不稳定。根据他们的研究,作者得出结论认为,需要制定管制环境移徙的国际和国家政策文书,作为防止非法移徙和强迫不受控制的人口流动的发展和尽量减少这些现象的负面后果的必要条件。他们主张扩大“难民”和“流离失所者”的概念,包括“因气候变化引起的自然灾害或不可逆转的自然现象而离开居住地的人”这一类别。环境移民具有很高的犯罪潜力,需要进一步的犯罪学研究,以确定其成因、发展趋势和潜在威胁。由于环境问题的过度政治化,建立监管和控制机制需要深思熟虑和平衡的方法。
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引用次数: 0
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Russian Journal of Criminology
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