Pub Date : 2022-03-11DOI: 10.17150/2500-4255.2022.16(1).7-17
Sergey Boskholov, A. Ivanova
Crimes and crime-counteraction activities are among the key problems that any country faces in the modern world. Features typical only of crime — its mass character, irregularity and variability — make it necessary to constantly improve countermeasures that should be dynamic and proactive, should contain a considerable humanitarian potential, and contribute to the minimization of social consequences of crime. Russian legislators established a triad of key directions of counteracting criminality in general, its specific types, and individual crimes. Applying this concept of crime counteraction to intentional and fraudulent bankruptcy, the liability for which is provided for in Art. 196, 197 of the Criminal Code of the Russian Federation, the authors single out and examine the following directions: criminal law counteraction to intentional and fraudulent bankruptcy; prevention of intentional and fraudulent bankruptcy; minimization of negative consequences of intentional and fraudulent bankruptcy. Criminal law counteraction includes the detection, prevention, suppression, investigation and solving of criminal bankruptcy cases, as well as the prosecution of perpetrators. Talking about the criminal law counteraction to these crimes, the authors conclude that the effectiveness and productivity of the work of law enforcement bodies to suppress, investigate and solve crimes under Art. Art. 196, 197 of the Criminal Code of the Russian Federation directly depends on their close cooperation with various state control bodies, primarily, tax authorities, and on the quality of feedback. They present a list of specific measures of general, special and individual prevention of intentional and fraudulent bankruptcy, and offer a brief description of minimizing the negative consequences of these crimes. It is noted that the courts can use the following mechanisms to protect the violated rights of creditors: subsidiary liability of persons controlling the debtor, compensation of some part of damages by the controlling persons, all of which will contribute to the minimization of negative consequences of their unlawful actions.
{"title":"Main Directions of Counteracting Intentional and Fraudulent Bankruptcy","authors":"Sergey Boskholov, A. Ivanova","doi":"10.17150/2500-4255.2022.16(1).7-17","DOIUrl":"https://doi.org/10.17150/2500-4255.2022.16(1).7-17","url":null,"abstract":"Crimes and crime-counteraction activities are among the key problems that any country faces in the modern world. Features typical only of crime — its mass character, irregularity and variability — make it necessary to constantly improve countermeasures that should be dynamic and proactive, should contain a considerable humanitarian potential, and contribute to the minimization of social consequences of crime. Russian legislators established a triad of key directions of counteracting criminality in general, its specific types, and individual crimes. Applying this concept of crime counteraction to intentional and fraudulent bankruptcy, the liability for which is provided for in Art. 196, 197 of the Criminal Code of the Russian Federation, the authors single out and examine the following directions: criminal law counteraction to intentional and fraudulent bankruptcy; prevention of intentional and fraudulent bankruptcy; minimization of negative consequences of intentional and fraudulent bankruptcy. Criminal law counteraction includes the detection, prevention, suppression, investigation and solving of criminal bankruptcy cases, as well as the prosecution of perpetrators. Talking about the criminal law counteraction to these crimes, the authors conclude that the effectiveness and productivity of the work of law enforcement bodies to suppress, investigate and solve crimes under Art. Art. 196, 197 of the Criminal Code of the Russian Federation directly depends on their close cooperation with various state control bodies, primarily, tax authorities, and on the quality of feedback. They present a list of specific measures of general, special and individual prevention of intentional and fraudulent bankruptcy, and offer a brief description of minimizing the negative consequences of these crimes. It is noted that the courts can use the following mechanisms to protect the violated rights of creditors: subsidiary liability of persons controlling the debtor, compensation of some part of damages by the controlling persons, all of which will contribute to the minimization of negative consequences of their unlawful actions.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76356730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-28DOI: 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.
{"title":"Main Trends in the Development of Criminological Theory and Crime Prevention Practice in the Context of the Digitalization of Society","authors":"Anatoliy Osipenko, V. Solovev","doi":"10.17150/2500-4255.2021.15(6).681-691","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(6).681-691","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"50 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73617292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-28DOI: 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.
{"title":"Technical and Forensic Support for the Prevention of Penitentiary Crimes","authors":"A. Nuzhdin","doi":"10.17150/2500-4255.2021.15(6).797-806","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(6).797-806","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"12 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79396508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-28DOI: 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.
{"title":"Promotion of Justice as an Independent Criminal Procedure Function","authors":"V. Latypov","doi":"10.17150/2500-4255.2021.15(6).786-796","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(6).786-796","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"37 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73335433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-28DOI: 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.
{"title":"Criminological Aspects of Sport Policy","authors":"M. Kleymenov, I. Kleymenov","doi":"10.17150/2500-4255.2021.15(6).714-723","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(6).714-723","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"41 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75946598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-28DOI: 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.
{"title":"A Comparative Analysis of the Social Well-Being of a Person in the Conditions of Freedom and Isolation","authors":"E. Telegina, I. Nesterenko","doi":"10.17150/2500-4255.2021.15(6).692-701","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(6).692-701","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"103 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74425288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-28DOI: 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.
{"title":"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","authors":"Aleksey N. Tarbagaev, L. Maiorova, Ya. M. Ploshkina","doi":"10.17150/2500-4255.2021.15(6).775-785","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(6).775-785","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"54 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76132827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-28DOI: 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.
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Pub Date : 2021-11-25DOI: 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.
{"title":"Criminological Policy of the Russian Federation: the Concept of Judicial Reform and Justice of the Peace","authors":"Y. Tuganov, V. Aulov","doi":"10.17150/2500-4255.2021.15(5).624-636","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).624-636","url":null,"abstract":"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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"17 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81720384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-25DOI: 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.
{"title":"Improving the Regulatory Framework in the Field of Preventive Medicine as a Factor of Public Health Safety","authors":"V. Burlakov, Vladislav F. Shchepelkov, N. Diveeva","doi":"10.17150/2500-4255.2021.15(5).533-542","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).533-542","url":null,"abstract":"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.\u0000This 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.\u0000An 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.\u0000The 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.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"13 3 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79901033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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