Pub Date : 2022-03-11DOI: 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.
{"title":"Environmental Migration: a Criminological Aspect","authors":"N. Kuznetsova, M. Urda","doi":"10.17150/2500-4255.2022.16(1).30-38","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).30-38","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"204 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85495977","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).47-56
R. Dremliuga, A. Korobeev
The transition to the digital economy is often primarily associated with the transfer of economic activities to online platforms. Researchers often call such a transition platformization. The use of global and national platforms gives rise to a completely new type of relationships. Platforms are often created with the use of AI and distributed register technologies. In the economic sphere, the transition to platforms requires the national governments to develop an effective criminal law policy because the emerging relationships in the use of networking platforms need criminal law protection. A special cause for concern is the creation of platforms used for criminal activities. A platform for criminal activities is a special form of organizing computer information specifically structured to enhance the effectiveness of interactions between different groups of people involved in committing crimes. This publicly dangerous action is not reflected in Russian criminal legislation as an independent crime. Research methodology includes the analysis of criminalizing the creation and operation of networking platforms that are used for criminal activities from the standpoint of grounds for criminalization in the doctrine of criminal law. Three groups of factors act as grounds for criminalization: legal-criminological, socio-economic and socio-psychological. The presented work mainly focuses on the analysis of legal-psychological grounds, such as the degree of public danger, relative prevalence of such actions and their typicality, dynamics of actions in terms of the causes and conditions giving rise to them, the possibility of using criminal law measures to influence these actions, the potential of the system of criminal justice. The conducted analysis showed that the criminalization of the creation of support of networking platforms used for criminal activity corresponds to legal-criminological, socio-economic and socio-psychological criteria.
{"title":"Criminal Law Policy in Counteracting the Use of Networking Platforms for Criminal Activity","authors":"R. Dremliuga, A. Korobeev","doi":"10.17150/2500-4255.2022.16(1).47-56","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).47-56","url":null,"abstract":"The transition to the digital economy is often primarily associated with the transfer of economic activities to online platforms. Researchers often call such a transition platformization. The use of global and national platforms gives rise to a completely new type of relationships. Platforms are often created with the use of AI and distributed register technologies. In the economic sphere, the transition to platforms requires the national governments to develop an effective criminal law policy because the emerging relationships in the use of networking platforms need criminal law protection. A special cause for concern is the creation of platforms used for criminal activities. A platform for criminal activities is a special form of organizing computer information specifically structured to enhance the effectiveness of interactions between different groups of people involved in committing crimes. This publicly dangerous action is not reflected in Russian criminal legislation as an independent crime. Research methodology includes the analysis of criminalizing the creation and operation of networking platforms that are used for criminal activities from the standpoint of grounds for criminalization in the doctrine of criminal law. Three groups of factors act as grounds for criminalization: legal-criminological, socio-economic and socio-psychological. The presented work mainly focuses on the analysis of legal-psychological grounds, such as the degree of public danger, relative prevalence of such actions and their typicality, dynamics of actions in terms of the causes and conditions giving rise to them, the possibility of using criminal law measures to influence these actions, the potential of the system of criminal justice. The conducted analysis showed that the criminalization of the creation of support of networking platforms used for criminal activity corresponds to legal-criminological, socio-economic and socio-psychological criteria.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"62 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79431532","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).91-100
T. Vilkova, Roman Maziuk, M. Khokhryakov
The processes of the convergence and divergence of law in the era of globalization as well as the trend for establishing similar court proceedings in different countries determine the necessity of studying legal concepts still unknown in the Russian legislation but widely applied in other countries, and expediency is one of them. The goal of this research is to analyze Russian and foreign legislation from both modern and historical perspectives, to analyze the legal regulation of expediency in criminal proceedings, to determine its contents, to differentiate between expediency as a principle and as grounds for the decision to refuse the initiation of criminal proceedings or to terminate them, which is made by a specially authorized official or a state body, to present well-grounded suggestions for the improvement of Russian legislation and the practice of law enforcement. It is determined that expediency is recognized as a principle of criminal proceedings in a number of European states. It is shown that the principle of expediency does not contradict justice and is based on such characteristics of criminal procedure activities as effectiveness, optimality, promptness, procedural economy. At the same time, legislations of the UK, Germany, France and Switzerland provide for the discretionary powers of the prosecutor and other officials to refuse to initiate criminal proceedings, to refuse to bring charges or support them due to inexpediency. The authors show the advantages and disadvantages of making decisions on such grounds: the disadvantages include wide discretionary powers of the officials which could lead to the abuse of power in the absence of necessary guarantees (corruption-generating factor); the advantages are procedural economy, wide opportunities for officials and state bodies involved in the criminal process to use discretionary powers depending on the circumstances of each specific case. They argue that the Criminal Procedure Code of the Russian Federation should provide an opportunity for specially authorized officials and state bodies to refuse to initiate a criminal case or pursue criminal prosecution on the grounds of inexpediency.
{"title":"Expediency as the Principle and Grounds for Decision-Making in Criminal Proceedings: Foreign Experience and the Prospects for Using it in Russia","authors":"T. Vilkova, Roman Maziuk, M. Khokhryakov","doi":"10.17150/2500-4255.2022.16(1).91-100","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).91-100","url":null,"abstract":"The processes of the convergence and divergence of law in the era of globalization as well as the trend for establishing similar court proceedings in different countries determine the necessity of studying legal concepts still unknown in the Russian legislation but widely applied in other countries, and expediency is one of them. The goal of this research is to analyze Russian and foreign legislation from both modern and historical perspectives, to analyze the legal regulation of expediency in criminal proceedings, to determine its contents, to differentiate between expediency as a principle and as grounds for the decision to refuse the initiation of criminal proceedings or to terminate them, which is made by a specially authorized official or a state body, to present well-grounded suggestions for the improvement of Russian legislation and the practice of law enforcement. It is determined that expediency is recognized as a principle of criminal proceedings in a number of European states. It is shown that the principle of expediency does not contradict justice and is based on such characteristics of criminal procedure activities as effectiveness, optimality, promptness, procedural economy. At the same time, legislations of the UK, Germany, France and Switzerland provide for the discretionary powers of the prosecutor and other officials to refuse to initiate criminal proceedings, to refuse to bring charges or support them due to inexpediency. The authors show the advantages and disadvantages of making decisions on such grounds: the disadvantages include wide discretionary powers of the officials which could lead to the abuse of power in the absence of necessary guarantees (corruption-generating factor); the advantages are procedural economy, wide opportunities for officials and state bodies involved in the criminal process to use discretionary powers depending on the circumstances of each specific case. They argue that the Criminal Procedure Code of the Russian Federation should provide an opportunity for specially authorized officials and state bodies to refuse to initiate a criminal case or pursue criminal prosecution on the grounds of inexpediency.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"17 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82105158","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).73-81
Akop V. Vardanyan
The author draws attention to the high adaptability of crimes in the sphere of shared-equity construction of housing and other real estate to the modernizing legislation aimed at protecting the rights and lawful interests of bona fide participants of these legal relations. Having such features, typical of economic criminals, as overall and legal literacy, professional competence, good interpersonal skills, connections in state and municipal agencies, psychological adaptability, etc., the offenders in the sphere of shared-equity construction continue to use the modes and methods of criminal activities that can be generally described as attempts to find a formal way to bypass legal requirements, whether the adopted and enforced Federal Law «On Participation in Shared-equity Construction of Apartment Buildings and Other Real Estate and on Amendments to Some Legislative Acts of the Russian Federation» of December 30, 2004 № 214-ФЗ or such considerable amendments to it (effective from July 1, 2019) as obligatory use of escrow accounts by the developer, which prevents the developer from using the monetary funds of the equity holder before fulfilling the obligation to complete the construction of the apartment building and to put it into use. Moreover, in spite of some effective measures undertaken by the state, the number of problematic objects and deceived equity holders continues to grow, and the official statistics do not fully reflect the actual situation and scope of the problem because a considerable share of contracts that are, in fact, shared-equity construction, is still concluded in the unofficially accepted form of an agreement of equity participation in construction, which is substituted by various surrogates of civil obligations (investment agreement, etc.). The objects of shared equity in apartment buildings under construction, the permit for which was obtained after July 1, 2019, are often sold through front persons or organizations controlled by the developer (and appearing as equity holders in sham agreements on equity participation in construction) through a claim reassignment agreement, which does not reflect the actual side of such legal relations. The author presents his recommendations for more thorough research of the subjective side of the actions under consideration, which will make it possible to prove the fake nature of such agreements and to identify the latent socially relevant connections between persons involved in such legal relations, right down to the corruption links with specially authorized officials in state and municipal bodies.
{"title":"Crimes in the Field of Shared-Equity Construction of Housing and Other Real Estate Objects: Problems of Legislation and Law Enforcement Practice","authors":"Akop V. Vardanyan","doi":"10.17150/2500-4255.2022.16(1).73-81","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).73-81","url":null,"abstract":"The author draws attention to the high adaptability of crimes in the sphere of shared-equity construction of housing and other real estate to the modernizing legislation aimed at protecting the rights and lawful interests of bona fide participants of these legal relations. Having such features, typical of economic criminals, as overall and legal literacy, professional competence, good interpersonal skills, connections in state and municipal agencies, psychological adaptability, etc., the offenders in the sphere of shared-equity construction continue to use the modes and methods of criminal activities that can be generally described as attempts to find a formal way to bypass legal requirements, whether the adopted and enforced Federal Law «On Participation in Shared-equity Construction of Apartment Buildings and Other Real Estate and on Amendments to Some Legislative Acts of the Russian Federation» of December 30, 2004 № 214-ФЗ or such considerable amendments to it (effective from July 1, 2019) as obligatory use of escrow accounts by the developer, which prevents the developer from using the monetary funds of the equity holder before fulfilling the obligation to complete the construction of the apartment building and to put it into use. Moreover, in spite of some effective measures undertaken by the state, the number of problematic objects and deceived equity holders continues to grow, and the official statistics do not fully reflect the actual situation and scope of the problem because a considerable share of contracts that are, in fact, shared-equity construction, is still concluded in the unofficially accepted form of an agreement of equity participation in construction, which is substituted by various surrogates of civil obligations (investment agreement, etc.). The objects of shared equity in apartment buildings under construction, the permit for which was obtained after July 1, 2019, are often sold through front persons or organizations controlled by the developer (and appearing as equity holders in sham agreements on equity participation in construction) through a claim reassignment agreement, which does not reflect the actual side of such legal relations. The author presents his recommendations for more thorough research of the subjective side of the actions under consideration, which will make it possible to prove the fake nature of such agreements and to identify the latent socially relevant connections between persons involved in such legal relations, right down to the corruption links with specially authorized officials in state and municipal bodies.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"22 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82126570","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).18-29
Viktor Merkuryev, Pavel V. Agapov, S. Kondratyuk, V. Tarasov
The authors use the specific sociological method (questionnaire) to research public opinion regarding the phenomenon of criminal leadership. The questions were formulated using research recommendations to ensure representative and reliable results. It was established that differences in the positions regarding the key questions of the survey were connected with the age of respondents. Most respondents link the phenomenon under consideration with organized crime. The influence of a criminal leader is based on established criminal traditions. The opinions regarding the causes of the existence of criminal hierarchy differ greatly. Younger people believe that taking a top place in the criminal hierarchy is linked with socio-cultural factors, while older people name economic reasons. It is clear, however, that the abovementioned reasons are connected with inefficiencies in the work of law enforcement, including the work on the legal education of citizens. A constant inflow of young people in criminal communities is a special concern. A criminal leader has material and human resources at his disposal. Such a leader exercises the functions of management, rule setting, punishment. The existence of the criminal hierarchy leads to the widening of criminal activities. The public image of a criminal leader is that of a person with knowledge, organizational skills and a strong will. Typical behavioral characteristics are the use of violence, mercenary behavior, open disregard for the norms of public morals. The opinion that criminal leadership is connected with corruption is quite common. Criminal leaders support the criminal subculture, as its infiltration in the society (for example, the AUE movement) creates conditions for strengthening the influence of criminal leaders on it. This influence is manifested through the spread of false moral values, the atmosphere of insecurity and fear, the encouragement of unlawful behavior. Most respondents agree that the activities of criminal leaders should be curtailed. The survey results proved the urgency of strengthening the work to prevent criminal leaders from taking the top position in the criminal hierarchy. The prevention measures should be of economic, social and cultural character.
{"title":"Criminal Leadership: the Experience of Sociological Research","authors":"Viktor Merkuryev, Pavel V. Agapov, S. Kondratyuk, V. Tarasov","doi":"10.17150/2500-4255.2022.16(1).18-29","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).18-29","url":null,"abstract":"The authors use the specific sociological method (questionnaire) to research public opinion regarding the phenomenon of criminal leadership. The questions were formulated using research recommendations to ensure representative and reliable results. It was established that differences in the positions regarding the key questions of the survey were connected with the age of respondents. Most respondents link the phenomenon under consideration with organized crime. The influence of a criminal leader is based on established criminal traditions. The opinions regarding the causes of the existence of criminal hierarchy differ greatly. Younger people believe that taking a top place in the criminal hierarchy is linked with socio-cultural factors, while older people name economic reasons. It is clear, however, that the abovementioned reasons are connected with inefficiencies in the work of law enforcement, including the work on the legal education of citizens. A constant inflow of young people in criminal communities is a special concern. A criminal leader has material and human resources at his disposal. Such a leader exercises the functions of management, rule setting, punishment. The existence of the criminal hierarchy leads to the widening of criminal activities. The public image of a criminal leader is that of a person with knowledge, organizational skills and a strong will. Typical behavioral characteristics are the use of violence, mercenary behavior, open disregard for the norms of public morals. The opinion that criminal leadership is connected with corruption is quite common. Criminal leaders support the criminal subculture, as its infiltration in the society (for example, the AUE movement) creates conditions for strengthening the influence of criminal leaders on it. This influence is manifested through the spread of false moral values, the atmosphere of insecurity and fear, the encouragement of unlawful behavior. Most respondents agree that the activities of criminal leaders should be curtailed. The survey results proved the urgency of strengthening the work to prevent criminal leaders from taking the top position in the criminal hierarchy. The prevention measures should be of economic, social and cultural character.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"6 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75792786","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).111-121
R. Kuleshov, E. Foigel
The authors analyze legal regulation of interethnic relations in the sphere of criminal law and the problems of implementing legal norms in modern law enforcement activities. It is noted that the condition of interethnic relations in a multinational country determines a substantial part of the migration policy and has a great influence on the economic, political and criminogenic situation. The authors describe the modern condition of interethnic relations in the Russian Federation, trace the historical connection with the national question in the Russian Empire and the USSR, analyze the State Strategy of National Policy of the Russian Federation till 2025 approved by the Decree of the RF President of December 19, 2012 № 1666. It is shown that Russian legal regulation of interethnic relations lacks a unified framework of concepts and categories; for example, there are no clear boundaries between the concepts «ethnic», «national», «racial» and their derived categories. All of them are used in a chaotic manner with different mutual correlations. The article describes the contents of the compared concepts, determines their converging and differentiating features. The fundamental difference in the understanding of the concept of «national» in Russian and foreign legislation and law enforcement is stressed. The authors prove the necessity to unify terminology, bring examples from Russian court practice and the position of the European Court of Human Rights, establish the criminalistic significance of ethnic information. It is suggested that the specific framework of concepts and categories should be the basis for the development of practical instruments for using ethnic information about the participants of a crime event — a mechanism of practical implementation of the legal regulation of interethnic relations, and for determinig its goals, tasks, and key directions of work. Besides, the authors examine modern social interethnic situation in the area of identifying, investigating and detecting crimes.
{"title":"Interethnic Relations: Organizational and Forensic Aspects of Modern Criminal Policy","authors":"R. Kuleshov, E. Foigel","doi":"10.17150/2500-4255.2022.16(1).111-121","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).111-121","url":null,"abstract":"The authors analyze legal regulation of interethnic relations in the sphere of criminal law and the problems of implementing legal norms in modern law enforcement activities. It is noted that the condition of interethnic relations in a multinational country determines a substantial part of the migration policy and has a great influence on the economic, political and criminogenic situation. The authors describe the modern condition of interethnic relations in the Russian Federation, trace the historical connection with the national question in the Russian Empire and the USSR, analyze the State Strategy of National Policy of the Russian Federation till 2025 approved by the Decree of the RF President of December 19, 2012 № 1666. It is shown that Russian legal regulation of interethnic relations lacks a unified framework of concepts and categories; for example, there are no clear boundaries between the concepts «ethnic», «national», «racial» and their derived categories. All of them are used in a chaotic manner with different mutual correlations. The article describes the contents of the compared concepts, determines their converging and differentiating features. The fundamental difference in the understanding of the concept of «national» in Russian and foreign legislation and law enforcement is stressed. The authors prove the necessity to unify terminology, bring examples from Russian court practice and the position of the European Court of Human Rights, establish the criminalistic significance of ethnic information. It is suggested that the specific framework of concepts and categories should be the basis for the development of practical instruments for using ethnic information about the participants of a crime event — a mechanism of practical implementation of the legal regulation of interethnic relations, and for determinig its goals, tasks, and key directions of work. Besides, the authors examine modern social interethnic situation in the area of identifying, investigating and detecting crimes.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"11 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84273529","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).122-134
Dongmei Pan, Siansian Fu
In the information era, the Chinese society lives under the influence of digital technologies, so the collection and analysis of information are no longer accidental and unpredictable. Digitalized private information poses a great interest, making it necessary to understand the interconnection between modern social development and crime counteraction in the sphere of personal information of citizens. The authors analyze norms of the Chinese legislation that regulate criminal liability for infringements on personal information protected by the Chinese law. This analysis was conducted from the viewpoint of the doctrine of criminal law, criminal legislation and law enforcement practice. The doctrine is presented through different approaches to understanding the nature of personal information in China; the authors also show the necessity of developing a concept of information criminal law and building a hierarchical system of criminal law protection. In the sphere of legislative regulation, the analyzed infringements include only three types of actions in the current Criminal Code of the PRC: illegal purchase, sale and provision of personal information. At the same time, there is no norm regulating its illegal use which is, in fact, a publicly dangerous act. The authors show the necessity of criminalizing the use of personal information with the purpose of building a strategy of its criminal law protection. As for the enforcement of the norm «Violations in the sphere of personal information of citizens» (Art. 253.1 of the CC of the PRC), insufficient arguments and incomplete establishment of the circumstances of the infringement often result in differences in the qualification and sentencing for similar criminal cases. The authors show that, to overcome these problems, it is necessary to clearly determine the elements of the objective side of this crime. They present ways of solving the problems of law enforcement arising during the qualification of infringements on personal information and the determination of punishment when passing sentences in court.
{"title":"Criminal Law Protection of Personal Information of Citizens in China: Doctrine, Legislative Regulation, Enforcement","authors":"Dongmei Pan, Siansian Fu","doi":"10.17150/2500-4255.2022.16(1).122-134","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).122-134","url":null,"abstract":"In the information era, the Chinese society lives under the influence of digital technologies, so the collection and analysis of information are no longer accidental and unpredictable. Digitalized private information poses a great interest, making it necessary to understand the interconnection between modern social development and crime counteraction in the sphere of personal information of citizens. The authors analyze norms of the Chinese legislation that regulate criminal liability for infringements on personal information protected by the Chinese law. This analysis was conducted from the viewpoint of the doctrine of criminal law, criminal legislation and law enforcement practice. The doctrine is presented through different approaches to understanding the nature of personal information in China; the authors also show the necessity of developing a concept of information criminal law and building a hierarchical system of criminal law protection. In the sphere of legislative regulation, the analyzed infringements include only three types of actions in the current Criminal Code of the PRC: illegal purchase, sale and provision of personal information. At the same time, there is no norm regulating its illegal use which is, in fact, a publicly dangerous act. The authors show the necessity of criminalizing the use of personal information with the purpose of building a strategy of its criminal law protection. As for the enforcement of the norm «Violations in the sphere of personal information of citizens» (Art. 253.1 of the CC of the PRC), insufficient arguments and incomplete establishment of the circumstances of the infringement often result in differences in the qualification and sentencing for similar criminal cases. The authors show that, to overcome these problems, it is necessary to clearly determine the elements of the objective side of this crime. They present ways of solving the problems of law enforcement arising during the qualification of infringements on personal information and the determination of punishment when passing sentences in court.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"52 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87444636","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).5-6
A. Repetskaya, Tatyana Sudakova
{"title":"Victor V. Luneev. In Memory of an Outstanding Criminologist","authors":"A. Repetskaya, Tatyana Sudakova","doi":"10.17150/2500-4255.2022.16(1).5-6","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).5-6","url":null,"abstract":"","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"22 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73728418","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).135-146
E. Alekseeva
Russia, as well as other countries, has been experiencing demographic changes in the recent decades — increasing average age, growing share of older people, dropping birth rates, which, in their turn, are reflected in the age of perpetrators. The works of Russian scholars are mainly dedicated to criminality of specific age categories, while complex studies of the age of criminals remain rare. The author of the article discusses the problems of determining the limits of age groups, presents recommendations on their optimization with the goal of improving the effectiveness of comparative studies and the reliability of the analysis of age and cohort effects. The author also analyzes foreign experience of studying age as a criminologically relevant factor, the evolution of approaches to studying the «age — crime» curve, and presents key trends in the development of the age and gender features of offenders in the USA and the European countries. It is concluded that the emerging trend in Russia is the increasing age of an average offender. Currently, in terms of volume and specific weight, the dominant age group of criminals is that of 30–49 years (57 % of convicts), the number of offenders who are 50 years and older is growing steadily, while there is a decrease in the share of younger convicts (from 60 to 34 % in the last 20 years) and the criminal activities of minors. There are changes in the character of crimes committed by representatives of one cohort in different age periods while their criminal activity is preserved. Thus, persons who committed crimes in 1990s when they were 14–17 years old, continue their criminal activity in 2020s in the age group of 30–49 years. There is a growing share of female offenders of older and senior age compared to the similar indices for male offenders: 59 % of female convicts are 30–49 years old (54 % of male convicts), and 15 % are 50 years old and older (12 % of male convicts). The identified trends in the changes of age and gender features of Russian offenders are compared with the global trends, and the differences between specific countries are pointed out. The author discusses the specific influence of the period and cohort effect on the formation of the current age structure of offenders in Russia and presents some suggestions regarding the causes and the forecast of the dynamics of criminal activities of different age groups.
{"title":"Transformation of the Age Structure of Criminals in Russia and Abroad","authors":"E. Alekseeva","doi":"10.17150/2500-4255.2022.16(1).135-146","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).135-146","url":null,"abstract":"Russia, as well as other countries, has been experiencing demographic changes in the recent decades — increasing average age, growing share of older people, dropping birth rates, which, in their turn, are reflected in the age of perpetrators. The works of Russian scholars are mainly dedicated to criminality of specific age categories, while complex studies of the age of criminals remain rare. The author of the article discusses the problems of determining the limits of age groups, presents recommendations on their optimization with the goal of improving the effectiveness of comparative studies and the reliability of the analysis of age and cohort effects. The author also analyzes foreign experience of studying age as a criminologically relevant factor, the evolution of approaches to studying the «age — crime» curve, and presents key trends in the development of the age and gender features of offenders in the USA and the European countries. It is concluded that the emerging trend in Russia is the increasing age of an average offender. Currently, in terms of volume and specific weight, the dominant age group of criminals is that of 30–49 years (57 % of convicts), the number of offenders who are 50 years and older is growing steadily, while there is a decrease in the share of younger convicts (from 60 to 34 % in the last 20 years) and the criminal activities of minors. There are changes in the character of crimes committed by representatives of one cohort in different age periods while their criminal activity is preserved. Thus, persons who committed crimes in 1990s when they were 14–17 years old, continue their criminal activity in 2020s in the age group of 30–49 years. There is a growing share of female offenders of older and senior age compared to the similar indices for male offenders: 59 % of female convicts are 30–49 years old (54 % of male convicts), and 15 % are 50 years old and older (12 % of male convicts). The identified trends in the changes of age and gender features of Russian offenders are compared with the global trends, and the differences between specific countries are pointed out. The author discusses the specific influence of the period and cohort effect on the formation of the current age structure of offenders in Russia and presents some suggestions regarding the causes and the forecast of the dynamics of criminal activities of different age groups.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"56 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73205009","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).101-110
O. Gribunov
Prevention of crimes, as well as their detection, their quality and timely investigation have always been a priority for the work of law enforcement bodies. One of the effective methods of counteracting crimes is crime detection and the criminal prosecution of perpetrators. At the same time, the law enforcement bodies do not always carry out crime investigation in a timely and comprehensive manner. The author presents framework measures of raising the quality of crime investigation through the improvement of, firstly, the mechanism of the legal regulation of genomic registration and, secondly, the forensic technical support of the detection, investigation and prevention of crimes in the context of three elements — legal basis, material and technical support, staffing. One of the effective methods of improving the clearance rate and prevention of crimes is the use of DNA-analysis and genotyposcopic expertise. In order to improve the quality of this expertise, the author has developed specific suggestions on amendments to the Federal Law «On State Genomic Registration in the Russian Federation» of December 3, 2008 № 242-ФЗ on a wider scope of persons for whom genomic registration is obligatory. The initiatives of scholars and practical workers regarding the introduction of DNA passports for citizens are briefly analyzed, and the international experience in this sphere is examined. The author also studied the Decrees of the President of the Russian Federation «On Developing Genomic Technologies in the Russian Federation» (together with the «Provision on the Council for the Implementation the Federal Research and Technical Program on the Development of Genetic Technologies in 2019–2027») of November 28, 2018 № 680, «On the Basics of the State Policy of the Russian Federation in Ensuring the Chemical and Biological Security until 2025 and Further Years» of March 11, 2019 № 97, which were implemented in the Federal Research and Technical Program of Developing Genetic Technologies in 2019–2027, approved by the Decree of the Government of the Russian Federation of April 22, 2019 № 479. The author shares the opinion that obligatory genomic registration should be introduced for some categories of citizens as a factor of crime prevention.
{"title":"Improving the Legal Regulation of Genomic Registration in the Context of Crime Prevention","authors":"O. Gribunov","doi":"10.17150/2500-4255.2022.16(1).101-110","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).101-110","url":null,"abstract":"Prevention of crimes, as well as their detection, their quality and timely investigation have always been a priority for the work of law enforcement bodies. One of the effective methods of counteracting crimes is crime detection and the criminal prosecution of perpetrators. At the same time, the law enforcement bodies do not always carry out crime investigation in a timely and comprehensive manner. The author presents framework measures of raising the quality of crime investigation through the improvement of, firstly, the mechanism of the legal regulation of genomic registration and, secondly, the forensic technical support of the detection, investigation and prevention of crimes in the context of three elements — legal basis, material and technical support, staffing. One of the effective methods of improving the clearance rate and prevention of crimes is the use of DNA-analysis and genotyposcopic expertise. In order to improve the quality of this expertise, the author has developed specific suggestions on amendments to the Federal Law «On State Genomic Registration in the Russian Federation» of December 3, 2008 № 242-ФЗ on a wider scope of persons for whom genomic registration is obligatory. The initiatives of scholars and practical workers regarding the introduction of DNA passports for citizens are briefly analyzed, and the international experience in this sphere is examined. The author also studied the Decrees of the President of the Russian Federation «On Developing Genomic Technologies in the Russian Federation» (together with the «Provision on the Council for the Implementation the Federal Research and Technical Program on the Development of Genetic Technologies in 2019–2027») of November 28, 2018 № 680, «On the Basics of the State Policy of the Russian Federation in Ensuring the Chemical and Biological Security until 2025 and Further Years» of March 11, 2019 № 97, which were implemented in the Federal Research and Technical Program of Developing Genetic Technologies in 2019–2027, approved by the Decree of the Government of the Russian Federation of April 22, 2019 № 479. The author shares the opinion that obligatory genomic registration should be introduced for some categories of citizens as a factor of crime prevention.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"47 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88514759","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：