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Improving the Legal Regulation of Genomic Registration in the Context of Crime Prevention 完善犯罪预防背景下基因组登记的法律规制
IF 0.1 Pub Date : 2022-03-11 DOI: 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.
预防犯罪、侦查犯罪、提高犯罪质量和及时调查犯罪,一直是执法机关工作的重点。侦查犯罪和对犯罪行为人的刑事起诉是打击犯罪的有效手段之一。与此同时,执法机关并不总是及时和全面地进行犯罪调查。本文从法律基础、物质技术保障、人员配置三要素入手,提出了完善基因组登记法律规制机制和完善侦查技术保障体系,提高侦查质量的框架措施。利用dna分析和基因分型技术是提高破案率和预防犯罪的有效方法之一。为了提高这一专业知识的质量,作者对2008年12月3日颁布的《俄罗斯联邦国家基因组注册法》第242号-ФЗ提出了具体的修改建议,该法律规定了更广泛的基因组注册义务。简要分析了学者和实际工作者关于为公民引进DNA护照的倡议,并审查了这一领域的国际经验。作者还研究了2018年11月28日第680号俄罗斯联邦总统令“关于在俄罗斯联邦发展基因组技术”(以及“关于实施2019-2027年遗传技术发展联邦研究和技术计划委员会的规定”),3月11日“关于确保2025年及以后俄罗斯联邦化学和生物安全的国家政策基础”。2019年4月22日№479俄罗斯联邦政府法令批准的2019 - 2027年遗传技术发展联邦研究和技术计划中实施的2019№97。笔者认为,作为预防犯罪的一个因素,应该对某些类别的公民实行强制性基因组登记。
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引用次数: 1
Main Trends in the Development of Criminological Theory and Crime Prevention Practice in the Context of the Digitalization of Society 社会数字化背景下犯罪学理论与犯罪预防实践发展的主要趋势
IF 0.1 Pub Date : 2021-12-28 DOI: 10.17150/2500-4255.2021.15(6).681-691
Anatoliy Osipenko, V. Solovev
The digitalization of society, associated with a large-scale introduction of digital technologies in all socially relevant spheres, not only brough about positive changes, but also had a powerful effect on the transformation of crime and criminogenic factors. This has created an urgent need for understanding the prospects of criminological science in the new conditions, for strengthening its role in ensuring national security, for improving its methodology in new ways. The authors define key criminal threats to the security of the digital space: a rapid increase of its criminalization due to the features attractive for criminals (trans-national character of cyberspace, widespread anonymization and encryption, digital means of committing crimes and concealing their traces, etc.); the emergence and widening of criminogenic zones of cyberspace, with DarkNet holding a special place; the use of «digital» methods of resisting law enforcement, including cryptocurrencies and artificial intelligence. It is concluded that the abovementioned circumstances make it necessary to change the methodology of criminological research and the practice of law enforcement. The collection and generalization of information from publicly available digital sources, its analysis with the use of big data acquire a special research potential connected with the possibility of finding hidden regularities and obtaining criminological knowledge that cannot be found elsewhere. The digitalization of society creates conditions for the introduction of a preventive model of law enforcement based on predictive analysis methods. It becomes possible to quickly detect signs of criminal activity that require both a specific reaction of law enforcement and systemic managerial decisions. It also opens broad prospects for predicting individual criminal behavior by analyzing the Internet activity of specific individuals. The authors then highlight the most relevant directions for the development of criminological theory and the practice of crime prevention in the conditions of the digitalization of society.
社会的数字化,伴随着数字技术在所有社会相关领域的大规模引入,不仅带来了积极的变化,而且对犯罪和犯罪因素的转变产生了强大的影响。这就迫切需要了解犯罪学在新条件下的前景,加强其在确保国家安全方面的作用,以新的方式改进其方法。作者定义了数字空间安全的主要犯罪威胁:由于对犯罪分子有吸引力的特征(网络空间的跨国特征、广泛的匿名化和加密、犯罪和隐藏痕迹的数字手段等),其刑事定罪迅速增加;网络空间犯罪区域的出现和扩大,其中暗网占有特殊地位;使用“数字”方法抵制执法,包括加密货币和人工智能。结论是,上述情况使得犯罪学研究方法和执法实践有必要进行变革。从公开的数字来源收集和概括信息,利用大数据进行分析,获得一种特殊的研究潜力,这种潜力与发现隐藏的规律和获得其他地方无法找到的犯罪学知识的可能性有关。社会的数字化为引入基于预测分析方法的预防性执法模式创造了条件。迅速发现犯罪活动的迹象成为可能,这既需要执法部门的具体反应,也需要系统的管理决策。它还为通过分析特定个人的互联网活动来预测个人犯罪行为开辟了广阔的前景。在此基础上,提出了在社会数字化条件下犯罪学理论和预防犯罪实践发展的最相关方向。
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引用次数: 0
Promotion of Justice as an Independent Criminal Procedure Function 促进司法作为一项独立的刑事诉讼职能
IF 0.1 Pub Date : 2021-12-28 DOI: 10.17150/2500-4255.2021.15(6).786-796
V. Latypov
The article proves the necessity of involving the persons assisting the parties and the Court into criminal proceedings. The author analyzes the promotion of justice as an independent criminal procedure function under Chapter 8 of the Criminal Procedure Code of the Russian Federation, which is carried out by both the participants of criminal proceedings and by other subjects of criminal law relations who do not have an independent procedural status. The conducted social and legal analysis made it possible to state that the development of the idea of the rule of law requires individuals to obtain a correct understanding of the organization of the modern society, its development trends, and the necessity of acquiring due legal awareness. The understanding of legal awareness varied throughout the history of our state but what remained unchanged were the ideas that it can be influenced and that it determines the development of law and the law enforcement itself. Citizens with the due level of legal awareness are ready to promote justice, which testifies to their high level of social development, a desire to be involved in law enforcement work, to bring justice and ensure legality of procedural decisions. The author shows that criminal proceedings in Russia require facilitation, but the majority of people are not ready to provide it for a number of reasons, which proves the need for a detailed analysis of promoting justice in the modern Russian criminal process. The conducted research stresses the theoretical and practical inadequacy of the three-part system of criminal procedure functions enshrined in the current Russian criminal procedure legislation. The author examines the possibility of singling out the promotion of justice as an independent criminal procedure institute necessary for making lawful, well-grounded and comprehensive procedural decisions by officials and state bodies. The author concludes that it is necessary to introduce changes in the Criminal Procedure Code of the Russian Federations which will foresee the possibility of renaming Chapter 8 of the Code. Besides, having analyzed the concept of «justice», the author presents his position of what should be understood as the promotion of justice.
本文论证了协助当事人和法院参与刑事诉讼的必要性。作者分析了《俄罗斯联邦刑事诉讼法》第8章规定的促进司法作为一项独立的刑事诉讼职能,由刑事诉讼的参与人和不具有独立诉讼地位的其他刑事法律关系主体共同履行。通过对社会和法律的分析,我们可以得出这样的结论:法治理念的发展需要个人对现代社会的组织结构及其发展趋势有一个正确的认识,需要获得应有的法律意识。在我国历史上,对法律意识的理解各不相同,但始终不变的是,法律意识可以受到影响,并决定法律和执法本身的发展。具有适当法律意识的公民愿意促进正义,这证明他们的社会发展水平高,希望参与执法工作,伸张正义,确保程序决定的合法性。作者指出,俄罗斯刑事诉讼需要便利,但由于种种原因,大多数人不愿意提供便利,这证明有必要对现代俄罗斯刑事诉讼程序中的促进正义进行详细分析。所进行的研究强调了目前俄罗斯刑事诉讼立法所规定的三部分刑事诉讼职能系统在理论和实践上的不足。作者审查了单独提出促进司法作为一个独立的刑事诉讼机构的可能性,这是官员和国家机构作出合法、有充分根据和全面的程序性决定所必需的。发件人的结论是,有必要对《俄罗斯联邦刑事诉讼法》进行修改,以便预见到重新命名《刑事诉讼法》第8章的可能性。此外,在分析了“正义”的概念之后,作者提出了自己的立场,即什么应该被理解为促进正义。
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引用次数: 0
Technical and Forensic Support for the Prevention of Penitentiary Crimes 为预防监狱犯罪提供技术和法医支助
IF 0.1 Pub Date : 2021-12-28 DOI: 10.17150/2500-4255.2021.15(6).797-806
A. Nuzhdin
Crimes committed by convicts serving criminal punishments present an urgent social problem. Although inmates are isolated and under constant control, the number of penitentiary crimes is growing. The identification of the whole complex of circumstances contributing to penitentiary crimes and their elimination are a guarantee of successful work on preventing crimes of this type. The potential of modern achievements in science and technology should be actively used in preventive work. Many legal scholars stress that the possibilities of using technical means, techniques and methods in the process of preventing crime (including penitentiary crime) are undervalued. Employees of preliminary investigation bodies and penitentiary institutions, in their turn, do not give value to the technical-forensic support (and sometime do not simply understand its possibilities) of preventing penitentiary crime. At the same time, their high priority and value in the organization of preventive work is beyond doubt. The article describes the theoretical basis of using technical-forensic means, offers their classification, shows key spheres of their use. The author stresses the preventive potential of special equipment available in each correctional institution (technical means of security and supervision). The article presents and offers a detailed classification of technical-forensic means, techniques and methods of preventing penitentiary crimes.
服刑人员犯罪是一个亟待解决的社会问题。虽然囚犯被隔离并受到持续的控制,但监狱犯罪的数量正在增加。查明导致监狱犯罪的整个复杂情况并加以消除,是预防这类犯罪工作取得成功的保证。在预防工作中要积极发挥现代科学技术成果的潜力。许多法律学者强调在预防犯罪(包括监狱犯罪)过程中使用技术手段、技巧和方法的可能性被低估。而初步调查机构和监狱机构的雇员则不重视预防监狱犯罪的技术-法医支助(有时甚至不了解其可能性)。同时,它们在组织预防工作中的高度优先和价值是毋庸置疑的。本文阐述了运用法医技术手段的理论基础,对法医技术手段进行了分类,指出了法医技术手段应用的重点领域。作者强调了每个惩教机构现有的特殊设备(安全和监督的技术手段)的预防潜力。本文对预防监狱犯罪的技术法医手段、技术和方法进行了详细的分类。
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引用次数: 0
Criminological Aspects of Sport Policy 体育政策的犯罪学方面
IF 0.1 Pub Date : 2021-12-28 DOI: 10.17150/2500-4255.2021.15(6).714-723
M. Kleymenov, I. Kleymenov
Sport policy is a purposeful activity of various subjects connected with organizing and holding sports competitions. Such activity may be state-organized, administrative, financial, commercial, engineering and construction-related, military, security, professional, corporate, training, entertainment, relatively mass-scale, agent, referee, qualifying, and others. It should be taken into account that, besides officially recognized sports, there are also illegal competitions. Criminological aspects, connected with the possibility of crime, can be found everywhere. All of these leads to the necessity of establishing and developing sport criminology as a component of sport policy. Criminological aspects of sport policy are especially evident in the market conditions. Their analysis is necessary for the optimization of preventive work in the most important areas. The authors single out three such areas: criminal law prevention of crime in sports, enforcement of prevention policy for criminal and criminogenic sports, and counteracting sport extremism. The effectiveness of work in the first area is close to zero because special «sport» criminal law norms are not and will not be enforced. The analysis of the second area leads the authors to the conclusion that it is necessary to intensify the counteraction to criminal sports, primarily, dog fighting and street racing. As for the criminogenic sports, they can be conditionally broken into two categories: those promoting violence and cruelty, and those equipping athletes with the skills interesting for the criminal community (organized criminal groups). The first category includes MMA-type female fights. This disgusting spectacle, broadcast on TV, is absolutely contrary both to the female nature and to the traditional values of peoples of Russia. Such fights should be prohibited in the Russian Federation. The third area requires monitoring to prevent fans’ movements from turning into extremist organizations. The promotion of patriotic feelings among fans should be recognized as a strategic direction in the prevention of sport extremism.
体育政策是与组织和举办体育竞赛有关的各主体有目的的活动。这些活动可能是国家组织的、行政的、金融的、商业的、工程和建筑相关的、军事的、安全的、专业的、公司的、培训的、娱乐的、相对大规模的、代理的、裁判的、资格赛的等等。应该考虑到,除了官方认可的体育运动外,还有非法的比赛。与犯罪可能性有关的犯罪学方面,随处可见。所有这些都导致了建立和发展体育犯罪学作为体育政策组成部分的必要性。体育政策的犯罪学方面在市场条件下尤为明显。它们的分析对于优化最重要领域的预防工作是必要的。笔者提出了体育犯罪的刑法预防、体育犯罪和犯罪性预防政策的执行、打击体育极端主义等三个方面。第一个领域的工作效率接近于零,因为专门的“体育”刑法规范没有也不会得到执行。第二方面的分析使作者得出结论,有必要加强对犯罪体育的打击,主要是斗狗和街头赛车。至于犯罪运动,可以有条件地分为两类:一类是宣扬暴力和残忍的运动,另一类是使运动员具备犯罪团体(有组织犯罪集团)感兴趣的技能的运动。第一类包括综合格斗类型的女子格斗。在电视上播放的这种令人作呕的场面,完全违背了女性的本性,也违背了俄罗斯人民的传统价值观。在俄罗斯联邦应该禁止这种战斗。第三个领域需要监控,以防止粉丝的活动演变成极端组织。提高球迷的爱国情绪是防止体育极端化的战略方向。
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引用次数: 1
German Experience of Terminating Criminal Prosecution with the Imposition of Duties and Regulations on the Accused in the Context of the Russian Draft Law on Criminal Offence 德国在俄罗斯刑事犯罪法草案范围内对被告施加责任和规定以终止刑事起诉的经验
IF 0.1 Pub Date : 2021-12-28 DOI: 10.17150/2500-4255.2021.15(6).775-785
Aleksey N. Tarbagaev, L. Maiorova, Ya. M. Ploshkina
The second attempt of the Supreme Court of the Russian Federation to introduce the concept of a criminal offence into Russian criminal and criminal procedure legislation widens the non-rehabilitating grounds for the termination of a criminal case or prosecution with the imposition of other criminal law measures: it is suggested that, in addition to a court fine, community work and partially paid work should also be introduced. This leads to certain problems, including problems with the presumption of innocence and the observance of the principle of justice. The authors turn to the German experience for a better understanding of the situation. Germany faced similar problems much earlier, when § 153а was introduced in the Criminal Procedure Code of the Federal Republic of Germany (CPC of the FRG); it provided for an opportunity to terminate criminal prosecution for criminal offences on the grounds of expediency with the imposition of duties and regulations on the accused, which are akin to criminal law measures under draft law № 1112019-7. Taking into consideration the theoretical approaches developed in Germany, the practice of the Constitutional Court of the FRG and the Supreme Court of the FRG, the authors examine the goals of introducing § 153а in the CPC of the FRG, the practice of its implementation, as well as the problem of terminating criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused connected with the observance of the Constitution of the FRG, the presumption of innocence, the principles of justice, certainty, equality before law; they analyze the controversial legal nature of duties and regulations under § 153а in the CPC of the FRG. According to German criminal procedure law, the termination of criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused is a right, and not a duty of the corresponding officers and agencies as it is, in fact, an alternative to criminal prosecution which makes it possible to terminate it at a certain stage when there are all the necessary legal grounds for criminal prosecution.
俄罗斯联邦最高法院的第二次尝试是在俄罗斯刑事和刑事诉讼立法中引入刑事犯罪的概念,通过实施其他刑法措施,扩大了终止刑事案件或起诉的非复原理由:有人建议,除了法院罚款外,还应引入社区工作和部分有偿工作。这导致了某些问题,包括无罪推定和遵守正义原则方面的问题。为了更好地理解这种情况,作者们转向德国的经验。德国在很久以前就遇到过类似的问题,当时《德意志联邦共和国刑事诉讼法》(CPC)引入了第153条。它提供了一个机会,以对被告施加责任和规定的权宜之计为由,终止对刑事犯罪的刑事起诉,这类似于第1112019-7号法律草案下的刑法措施。考虑开发的理论方法在德国,德意志联邦共和国的宪法法院和最高法院的德意志联邦共和国,作者研究的目标引入§153年中共а的德意志联邦共和国,其实现的实践,以及终止刑事起诉理由的问题的权宜之计的职责和规定被告与德意志联邦共和国的宪法惯例,无罪推定,正义原则,确定性,法律面前人人平等;他们分析了FRG CPC第153条规定的职责和法规的争议性法律性质。根据德国刑事诉讼法,以对被告施加责任和规定的权宜之计为由终止刑事起诉是一项权利,而不是相应官员和机构的义务,因为它实际上是刑事起诉的一种替代办法,可以在具备刑事起诉的所有必要法律依据的某个阶段终止刑事起诉。
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引用次数: 0
A Stochastic Model of the Repressive-Preventive Impact on Crime: from Intuition to Calculations 抑制-预防对犯罪影响的随机模型:从直觉到计算
IF 0.1 Pub Date : 2021-12-28 DOI: 10.17150/2500-4255.2021.15(6).665-680
S. Maksimov, Yury Vasin, K. Utarov
The authors analyze the use of new digital technologies for automated collection, analysis and assessment of large volumes of data on crime, its key factors and the effects of crime countraction efforts with the goal of a gradual transition from the intuitive method of crime counteraction to the calculations-based one. The hypothesis of the study is that a continuous multi-source monitoring of quantitative crime indices, factors and the effects of crime counteraction efforts will make it possible not only to optimize budgetary expenditure on fighting crime, but also to find effective solutions for other practical problems of crime counteraction efforts (specifically, problems of evaluating and compensating the inflicted damage, problems of reducing the number of ungrounded changes in criminal, criminal procedure and penitentiary legislation). A specific modern feature of the state policy of combating crime is that digital technologies make it possible to develop and implement a stochastic model of repressive-preventive impact on crime with the use of criminal law, criminal procedure and penitentiary measures. It is suggested that the use of the stochastic model of repressive-preventive impact on crime should be viewed as a necessary condition for the development and adoption of national and regional programs of crime counteraction financed by the federal and regional budgets. The authors believe that the introduction of the stochastic model of the repressive-preventive impact in the practice of crime counteraction should be conducted in several stages. At the first stage, the federal law and the Act of the RF Government shoud determine the conditions of a mid-term experiment on the territories of some subjects of the Russian Federation, which will ensure a continuous monitoring, including the collection, processing and analysis of statistical data, results of population and experts’ surveys on the condition and dynamics of grave and especially grave crime, its factors and the effects of state efforts to counteract such crimes. At the final stage of the introduction of a stochastic model of the repressive-preventive impact on crime in the practice of state governance, the authors suggest creating an automated federal system of multi-source monitoring of indexed crimes (these are the crimes most «sensitive» for achieving the goals of national security and ensuring public order, which require non-stop monitoring), their key factors and the results of counteracting them. Key expected results from the introduction of this stochastic model and a continuous mlti-source monitoring into the practice of crime counteraction should be the optimization of budgetary expenses on criminal prosecution, the reduction of the number of inmates, the reduction of the number of changes introduced into the Criminal, Criminal Procedure and Penitentiary Codes of the Russian Federation.
作者分析了新数字技术在自动收集、分析和评估大量犯罪数据、关键因素和打击犯罪努力效果方面的应用,目标是逐步从直观的打击犯罪方法过渡到基于计算的方法。本研究的假设是,对定量犯罪指数、因素和打击犯罪工作的效果进行持续的多来源监测,不仅可以优化用于打击犯罪的预算支出,而且可以为打击犯罪工作的其他实际问题(特别是评估和赔偿所造成的损害的问题、减少犯罪行为中无根据变化的数量的问题、减少犯罪行为中无根据变化的数量的问题)找到有效的解决办法。刑事诉讼程序和监狱立法)。打击犯罪的国家政策的一个具体的现代特征是,数字技术使利用刑法、刑事诉讼程序和监狱措施来发展和实施对犯罪的压制-预防影响的随机模型成为可能。建议使用对犯罪的压制-预防影响的随机模型应被视为制定和采用由联邦和地区预算资助的国家和地区犯罪对抗计划的必要条件。笔者认为,在犯罪对抗实践中引入抑制-预防影响的随机模型应分几个阶段进行。在第一阶段,联邦法律和俄罗斯联邦政府法应确定在俄罗斯联邦某些主体的领土上进行中期试验的条件,这将确保持续监测,包括收集、处理和分析统计数据、人口调查和专家调查的结果,以了解严重和特别严重犯罪的情况和动态、其因素以及国家为打击这种犯罪所作努力的效果。在引入国家治理实践中对犯罪的压制-预防影响的随机模型的最后阶段,作者建议创建一个自动化的多来源监测索引犯罪的联邦系统(这些是对实现国家安全和确保公共秩序的目标最“敏感”的犯罪,需要不间断的监测),其关键因素和对抗它们的结果。将这种随机模式和对犯罪反制实践进行持续的多来源监测的主要预期结果应该是最优化用于刑事起诉的预算开支,减少囚犯人数,减少对俄罗斯联邦《刑法》、《刑事诉讼法》和《监狱法典》的修改次数。
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引用次数: 0
A Comparative Analysis of the Social Well-Being of a Person in the Conditions of Freedom and Isolation 自由与孤立状态下个人社会福利的比较分析
IF 0.1 Pub Date : 2021-12-28 DOI: 10.17150/2500-4255.2021.15(6).692-701
E. Telegina, I. Nesterenko
The authors examine a complex of methods for identifying the emotional-evaluative attitude of individuals to the social reality and their place in it in the conditions of freedom and isolation. Using the research results and the analysis of practical experience, they describe psychological-pedagogical means and methods that improve the reserve resources of the human body, which leads to positive changes in forming a favorable social well-being and correction of inmates in the conditions of isolation. Special attention is paid to the interactions of employees of the departments of social educational work and psychological labs with inmates in correctional institutions. The authors single out the following methods leading to favorable results in the work of the abovementioned departments: individual and group discussions, doll therapy, use of metaphor (association) cards, psychocorrection, Rokic’s methodology, constitutive method in the form of testing for suicidal tendencies. An important component in the work with the suspects, the accused, and the convicted persons is changing their moral orientations, development of a law-abiding mindset and orientation towards correction (rehabilitation). Criminals can be broken into three groups. The first group is comprised of those who can be successfully rehabilitated, it includes persons with views and convictions which agree with the norms of social community who committed crimes though negligence. The second group includes those who can be rehabilitated, these are individuals with essentially unstable views and convictions. The third group is made up of inmates whose rehabilitation is hardly possible. In this case, the main task of the social education worker consists in using the positive qualities of the convict’s personality to provoke a conflict between the positive and the negative, and the task of the psychologists is to provide psychological support for the person.
作者研究了一种复杂的方法,用于识别个人对社会现实的情感评价态度,以及他们在自由和孤立的条件下在社会现实中的地位。根据研究结果和对实践经验的分析,他们描述了改善人体储备资源的心理教育手段和方法,从而在形成良好的社会福利和隔离条件下的囚犯矫正方面产生积极变化。特别注意社会教育工作部门和心理实验室的雇员与教养机构囚犯的互动。作者在上述部门的工作中提出了以下方法:个人和小组讨论、娃娃治疗、隐喻(联想)卡的使用、心理矫正、Rokic的方法论、自杀倾向测试形式的构成方法。与嫌疑犯、被告和被定罪者一起工作的一个重要组成部分是改变他们的道德取向,发展守法的观念和矫正(改造)的取向。罪犯可分为三类。第一类是由那些能够成功地改过自新的人组成的,它包括那些观点和信念符合社会规范的人,他们由于疏忽而犯罪。第二类包括那些可以改过自新的人,这些人本质上观点和信念不稳定。第三组是由几乎不可能改过自新的囚犯组成的。在这种情况下,社会教育工作者的主要任务是利用罪犯人格的积极品质来引发积极与消极的冲突,而心理学家的任务是为罪犯提供心理支持。
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引用次数: 0
Criminological Policy of the Russian Federation: the Concept of Judicial Reform and Justice of the Peace 俄罗斯联邦的犯罪学政策:司法改革与和平司法的概念
IF 0.1 Pub Date : 2021-11-25 DOI: 10.17150/2500-4255.2021.15(5).624-636
Y. Tuganov, V. Aulov
The article presents a legal approach to the problem of the influence of the judicial system segment of Russian criminological policy on the effectiveness of the general prevention of deviant behavior. Within this framework, the authors compare the assumptions of the program documents that described the criminological parameters of justice of the peace during its introduction in the contemporary judicial system, and the results achieved by this introduction. By analyzing the Decree of the Supreme Council of the RSFSR «On the Concept of Judicial Reform in the RSFSR», the authors demonstrate that this document was aimed at legitimizing confederative relationships in the Russian Federation with the design of the judicial system of «cooperative federalism» type. The justice of the peace, whose status and jurisdiction are only schematically outlined in the Concept of Judicial Reform, was to play a decorative role in the political and ideological support of the achievement of a far more ambitious goal. The transformation of Russia into a state of «cooperative federalism» with extreme asymmetry of its subjects would have meant the removal of the opportunity for the justices of the peace to perform the criminological function of courts. The introduction of justices of the peace simultaneously with the adoption of their own codes of material and procedural law in the republics of the RSFSR predetermined the creation of legal systems independent of the federal center in each Russian subject and the blocking of the criminological function of the courts. At the same time, a retrospect reference to the legal tradition of the Russian Empire formed an erroneous understanding of Russian justice of the peace as a unified (since 1864) judicial system, and lead to the development of abstract projects that hindered the implementation of the crime prevention potential of justice of the peace. The result of the criminological policy of the Russian Federation in 1991–1996 was the structuring of the court system of the Russian Federation which was different from the model presented in the Concept of Judicial Reform. The conducted research showed that justice of the peace in Russia duly influences crime prevention.
本文从法律角度探讨了俄罗斯犯罪学政策中司法系统部分对总体预防越轨行为有效性的影响。在这个框架内,作者比较了项目文件的假设,这些文件描述了在当代司法系统中引入和平司法的犯罪学参数,以及这种引入所取得的结果。通过分析俄罗斯联邦最高苏维埃“关于俄罗斯联邦社会主义共和国司法改革概念”的法令,作者表明,该文件旨在通过设计“合作联邦制”类型的司法制度使俄罗斯联邦的邦联关系合法化。治安法官的地位和管辖权在《司法改革的概念》中只作了概要的概述,它将在政治和意识形态上支持实现一个远大得多的目标方面发挥装饰作用。将俄罗斯转变为一个主体极度不对称的“合作联邦制”国家,意味着剥夺了治安法官履行法院犯罪学职能的机会。在俄罗斯联邦社会主义共和国引入治安法官的同时,采用了他们自己的物质和程序法法典,预先确定了在每个俄罗斯主体中建立独立于联邦中心的法律体系,并阻碍了法院的犯罪学功能。与此同时,回顾俄罗斯帝国的法律传统,形成了对俄罗斯和平司法作为一个统一的(自1864年以来)司法体系的错误理解,并导致抽象项目的发展,阻碍了和平司法预防犯罪潜力的实现。1991-1996年俄罗斯联邦犯罪学政策的结果是俄罗斯联邦法院系统的结构不同于《司法改革构想》中提出的模式。所进行的研究表明,俄罗斯的和平正义适当地影响犯罪预防。
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引用次数: 0
Improving the Regulatory Framework in the Field of Preventive Medicine as a Factor of Public Health Safety 完善作为公共卫生安全因素的预防医学领域的监管框架
IF 0.1 Pub Date : 2021-11-25 DOI: 10.17150/2500-4255.2021.15(5).533-542
V. Burlakov, Vladislav F. Shchepelkov, N. Diveeva
In 2020, within the framework of the RFBR grant «Legal and Criminological Problems of Preventive Medicine», the first stage of the study on criminological risks in the field of preventive medicine (hereinafter referred to as PM) was conducted and its results were published. It was found that corruption risks are the main threat to criminological security in the field of PM.This article presents the results of a new study, which is a continuation of the work under the designated RFBR grant. The anti-corruption expertise of a number of legal acts regulating relations in the field of PM showed that they create significant prerequisites for corruption during preventive medical examinations, and as a result, a decrease in the safety of public health. The analysis of the results of the discussion of draft departmental regulations on the official government website, as well as the results of a survey of medical professionals, lead to the same conclusion.An analysis of the totality of the results obtained in the course of the study suggests that the current model of organizing preventive medical examinations is largely the result of lobbying on the part of medical organizations that receive income from PM, including corruption lobbying.The authors come to the conclusion that the organization of preventive medical examinations should be put under effective public control, and adjustments should be made to the anti-corruption expertise of draft normative legal acts on preventive medical examinations: medical specialists should be involved in such expertise and preliminary sociological studies should be conducted to establish the acceptability of the projected legal regulation for the participants in the relations.
2020年,在RFBR资助“预防医学的法律和犯罪学问题”的框架内,进行了预防医学领域(以下简称PM)犯罪学风险研究的第一阶段,并发表了研究结果。研究发现,腐败风险是刑事司法安全面临的主要威胁。本文介绍了一项新研究的结果,该研究是指定RFBR资助下工作的延续。关于管理公共卫生领域关系的一些法律行为的反腐败专门知识表明,这些法律为预防性医疗检查中的腐败行为创造了重要的先决条件,从而降低了公共卫生的安全性。对政府官方网站上部门规章草案讨论结果的分析,以及对医疗专业人员的调查结果,得出了同样的结论。对研究过程中获得的总体结果的分析表明,目前组织预防性医疗检查的模式主要是医疗机构从PM那里获得收入的游说结果,包括腐败游说。提交人得出的结论是,预防性医学检查的组织应置于有效的公共控制之下,并应调整预防性医学检查规范性法律草案的反腐败专门知识:医学专家应参与这种专门知识,并应进行初步的社会学研究,以确定参与这种关系的各方对预计的法律规定的可接受性。
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引用次数: 0
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Russian Journal of Criminology
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