Pub Date : 2021-11-25DOI: 10.17150/2500-4255.2021.15(5).555-564
Mikhail A. Suturin, V. Terentyeva
In the Russian legislation, age is a law-conferring fact. The authors analyze key legislative acts and their projects that should provide the legal framework regarding the age limits of the subject of legal relationships, as well as the dependence of the chronological age and the corresponding psychological and social changes that should form the basis for the choice of both maximum and minimum age limits for criminal responsibility. Currently in Russia there is an evident need for special criminological, socio-psychological research connected with defining changes in age-related features of modern adolescents. Their results will provide answers to many urgent questions. For example, how have adolescents changed as a result of generation approach? How have their understanding and attitude to key rules and norms of human coexistence changed? Ultimately, the results of such research will give us a better understanding of age-related features of adolescents that should be taken into account when determining the age for criminal responsibility. One of the factors determining the necessity of conducting complex research is the gaps and, sometimes, direct contradictions in the understanding of age limits of criminal and civil responsibility as well as the legal capacity of minors. Undoubtedly, such limits should be mainly connected with the ability of an adolescent to fully understand the key rules and norms of human coexistence and the limits of lawful behavior. The Russian legislation, however, interprets the grounds for the emergence of legal capacity, their connection with the psychological features of the adolescent. The contents of the term «age» differ in each specific branch of law, which has a general negative impact on the possibility of ensuring the rights and freedoms of the subject of special protection — a person who has not reached the age of 18 years.
{"title":"Age Criteria for Criminal Responsibility","authors":"Mikhail A. Suturin, V. Terentyeva","doi":"10.17150/2500-4255.2021.15(5).555-564","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).555-564","url":null,"abstract":"In the Russian legislation, age is a law-conferring fact. The authors analyze key legislative acts and their projects that should provide the legal framework regarding the age limits of the subject of legal relationships, as well as the dependence of the chronological age and the corresponding psychological and social changes that should form the basis for the choice of both maximum and minimum age limits for criminal responsibility. Currently in Russia there is an evident need for special criminological, socio-psychological research connected with defining changes in age-related features of modern adolescents. Their results will provide answers to many urgent questions. For example, how have adolescents changed as a result of generation approach? How have their understanding and attitude to key rules and norms of human coexistence changed? Ultimately, the results of such research will give us a better understanding of age-related features of adolescents that should be taken into account when determining the age for criminal responsibility. One of the factors determining the necessity of conducting complex research is the gaps and, sometimes, direct contradictions in the understanding of age limits of criminal and civil responsibility as well as the legal capacity of minors. Undoubtedly, such limits should be mainly connected with the ability of an adolescent to fully understand the key rules and norms of human coexistence and the limits of lawful behavior. The Russian legislation, however, interprets the grounds for the emergence of legal capacity, their connection with the psychological features of the adolescent. The contents of the term «age» differ in each specific branch of law, which has a general negative impact on the possibility of ensuring the rights and freedoms of the subject of special protection — a person who has not reached the age of 18 years.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85604622","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).605-612
A. Khan, Stanislav Pevko, Elena Yushkevich
The conducted research showed a lack of coordination between different norms of Ukrainian criminal and administrative laws that define the offences in the sphere of illegal logging, and determine the type and degree of liability for committing them. This lack of coordination is manifested, specifically, in the competition of certain norms, their ineffectiveness, and the absence of liability for certain publicly dangerous actions connected with illegal logging and damaging trees. The authors carried out a comparative analysis of criminal administrative offences in this sphere and formulated recommendation on improving criminal and administrative legislations that protect public relations in the sphere of protecting forests in Ukraine. They suggest the following: 1) amending Art. 65 of the Code of Ukraine on Administrative Offences by establishing liability for selling illegally logged timber or shrubs; 2) amending Art. 246 of the Criminal Code of Ukraine and Art. 65 the Code of Ukraine on Administrative Offences by introducing administrative liability for buying illegally logged timber or shrubs, as well as criminal liability for buying illegally logged timber or shrubs if it inflicted considerable damage; 3) amending Art. 246 of the Criminal Code of Ukraine by introducing criminal liability for destroying or damaging forest plantations, seedlings, young plants in tree nurseries and plantations, as well as young trees of natural origin and self-seed plants in the areas designated for reforestation if that inflicted considerable damage on protected public relations. The presented suggestions on improving current criminal and administrative legislations of Ukraine are aimed at improving the effectiveness of counteracting illegal logging in the country.
{"title":"Criminal and Administrative Measures to Protect Forests from Illegal Logging in Ukraine","authors":"A. Khan, Stanislav Pevko, Elena Yushkevich","doi":"10.17150/2500-4255.2021.15(5).605-612","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).605-612","url":null,"abstract":"The conducted research showed a lack of coordination between different norms of Ukrainian criminal and administrative laws that define the offences in the sphere of illegal logging, and determine the type and degree of liability for committing them. This lack of coordination is manifested, specifically, in the competition of certain norms, their ineffectiveness, and the absence of liability for certain publicly dangerous actions connected with illegal logging and damaging trees. The authors carried out a comparative analysis of criminal administrative offences in this sphere and formulated recommendation on improving criminal and administrative legislations that protect public relations in the sphere of protecting forests in Ukraine. They suggest the following: 1) amending Art. 65 of the Code of Ukraine on Administrative Offences by establishing liability for selling illegally logged timber or shrubs; 2) amending Art. 246 of the Criminal Code of Ukraine and Art. 65 the Code of Ukraine on Administrative Offences by introducing administrative liability for buying illegally logged timber or shrubs, as well as criminal liability for buying illegally logged timber or shrubs if it inflicted considerable damage; 3) amending Art. 246 of the Criminal Code of Ukraine by introducing criminal liability for destroying or damaging forest plantations, seedlings, young plants in tree nurseries and plantations, as well as young trees of natural origin and self-seed plants in the areas designated for reforestation if that inflicted considerable damage on protected public relations. The presented suggestions on improving current criminal and administrative legislations of Ukraine are aimed at improving the effectiveness of counteracting illegal logging in the country.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80054459","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).637-648
S. Shepelev, O. Antonov
The article describes the history and modern condition of the criminalistic science which studies crime prevention. The authors argue that it is necessary to develop criminalistic recommendations on crime prevention as an element of special methodologies of investigating certain types of crimes. As for the investigation of crimes connected with the provision of medical care of undue quality, the authors prove that the investigators should involve the following categories of specialists when establishing the circumstances which contributed to the commission of the crime: persons that exercise administrative control and supervision in the healthcare sphere, representatives of insurance companies working in the system of obligatory insurance, as well as departmental experts, because timely and effective use of special knowledge is a vital condition for improving the quality of prevention work in the process of criminal investigation, it is the best guarantee of the comprehensive character of investigative actions aimed at the identification of circumstances leading to the crime and the development of preventive measures. The authors also present tactical recommendations on the choice and involvement of each of the abovementioned categories of specialists in the investigation of the analyzed type of crimes. The authors use the example of the practice of investigative bodies of the Investigative Committee of the Russian Federation to single out stages of preventive work of the investigator in the investigation of healthcare crimes: identification of causes and conditions contributing to the crime; preparation and presentation of a statutory notice to eliminate the identified circumstances; participation in the consideration of this notice; analysis of measures undertaken by the addressee of the statutory notice to enforce the prevention act of the investigator. They also present tactical recommendations on measures of criminalistic prevention at each of the identified stages.
{"title":"The Forensic Prevention of Crimes Related to the Provision of Medical Care of Undue Quality","authors":"S. Shepelev, O. Antonov","doi":"10.17150/2500-4255.2021.15(5).637-648","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).637-648","url":null,"abstract":"The article describes the history and modern condition of the criminalistic science which studies crime prevention. The authors argue that it is necessary to develop criminalistic recommendations on crime prevention as an element of special methodologies of investigating certain types of crimes. As for the investigation of crimes connected with the provision of medical care of undue quality, the authors prove that the investigators should involve the following categories of specialists when establishing the circumstances which contributed to the commission of the crime: persons that exercise administrative control and supervision in the healthcare sphere, representatives of insurance companies working in the system of obligatory insurance, as well as departmental experts, because timely and effective use of special knowledge is a vital condition for improving the quality of prevention work in the process of criminal investigation, it is the best guarantee of the comprehensive character of investigative actions aimed at the identification of circumstances leading to the crime and the development of preventive measures. The authors also present tactical recommendations on the choice and involvement of each of the abovementioned categories of specialists in the investigation of the analyzed type of crimes. \u0000The authors use the example of the practice of investigative bodies of the Investigative Committee of the Russian Federation to single out stages of preventive work of the investigator in the investigation of healthcare crimes: identification of causes and conditions contributing to the crime; preparation and presentation of a statutory notice to eliminate the identified circumstances; participation in the consideration of this notice; analysis of measures undertaken by the addressee of the statutory notice to enforce the prevention act of the investigator. They also present tactical recommendations on measures of criminalistic prevention at each of the identified stages.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89334687","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).565-577
I. Kravchenko
The goal of the article is to define modern trends in criminal law policy in the Russian Federation. More thorough research should be carried out in connection with lively scientific discussions on defining the essence of criminal policy and the lack of a universal understanding of the contents and key trends of developing criminal law policy. The author researched two components of criminal law policy which are currently trending in the research community — humanism and liberalization. The author’s own understanding of these characteristics is presented in the article. The author also studied the clauses of the Concept of criminal law policy of the Russian Federation from the standpoint of their correspondence to humanistic and liberal ideas and carried out an analysis of changes in Russian criminal legislation with the aim of identifying modern trends in criminal law policy. The study is carried out for the period of the latest full five years (2016–2020). It is stated that the number of laws aimed at amending the Criminal Code of the Russian Federation, and the number of actually introduced amendments are diverse values. Most changes are aimed at amending the Special Part of criminal law and are connected with criminalization. There is a trend for strengthening the protection of economic interests and public security, which has a rather weak correlation with the widely recognized priority for the protection of the individual, civil rights and freedoms. In general, the analyzed period is characterized by tightening of criminal law policy. The key features of criminal law amendments are their inconsistency, lack of a system or a unified direction. The author concludes that, contrary to the expectations of the public, the humanism and liberalization are manifested very moderately at the current stage of criminal policy’s development, they do not constitute its defining characteristics and challenge its progressive character. One of the promising ways of solving the identified problems is increasing and strengthening the role of criminological research in the development of criminal law policy.
{"title":"Liberalization and Humanization of Criminal Law Policy","authors":"I. Kravchenko","doi":"10.17150/2500-4255.2021.15(5).565-577","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).565-577","url":null,"abstract":"The goal of the article is to define modern trends in criminal law policy in the Russian Federation. More thorough research should be carried out in connection with lively scientific discussions on defining the essence of criminal policy and the lack of a universal understanding of the contents and key trends of developing criminal law policy. The author researched two components of criminal law policy which are currently trending in the research community — humanism and liberalization. The author’s own understanding of these characteristics is presented in the article. The author also studied the clauses of the Concept of criminal law policy of the Russian Federation from the standpoint of their correspondence to humanistic and liberal ideas and carried out an analysis of changes in Russian criminal legislation with the aim of identifying modern trends in criminal law policy. The study is carried out for the period of the latest full five years (2016–2020). It is stated that the number of laws aimed at amending the Criminal Code of the Russian Federation, and the number of actually introduced amendments are diverse values. Most changes are aimed at amending the Special Part of criminal law and are connected with criminalization. There is a trend for strengthening the protection of economic interests and public security, which has a rather weak correlation with the widely recognized priority for the protection of the individual, civil rights and freedoms. In general, the analyzed period is characterized by tightening of criminal law policy. The key features of criminal law amendments are their inconsistency, lack of a system or a unified direction. The author concludes that, contrary to the expectations of the public, the humanism and liberalization are manifested very moderately at the current stage of criminal policy’s development, they do not constitute its defining characteristics and challenge its progressive character. One of the promising ways of solving the identified problems is increasing and strengthening the role of criminological research in the development of criminal law policy.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76830614","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).649-654
Sergei Milyoukov, A. Nikulenko
{"title":"An Unsuccessful Attempt at a Systemic Analysis of the Fundamental Institute of Criminal Law","authors":"Sergei Milyoukov, A. Nikulenko","doi":"10.17150/2500-4255.2021.15(5).649-654","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).649-654","url":null,"abstract":"","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87963429","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).522-532
P. Kazberov, I. Alekhin, S. Kulakova
The authors continued their research of the personalities of terrorists and extremists and studied characteristics of 700 persons convicted for crimes of terrorism and extremism who served their sentences in penitentiary institutions of all territorial divisions of the Russian Federation. They studied indicators of additional scales of MMPI test, questionnaires, interviews, materials of personal files, court decisions (verdicts), disciplinary practice, penitentiary and criminal law characteristics, and made a number of conclusions. First, the results allowed the authors to verify a number of hypotheses on personal characteristics of terrorists and extremists analyzed by psychologists and criminologists. Second, generalized characteristics of persons convicted for terrorism and extremism crimes acquired through the use of additional MMPI scales proved and supplemented similar results from the basic scales of this methodology. Specifically, the authors found proof of a prominent conversion type of the personality profile of examined individuals manifested in a number of ambivalent conditions and aspirations. Third, the results also allowed to define key characteristics of the substructure of personality orientation of convicts of this category: amorality in their value system; following their own convictions, personal norms and principles; immunity against any moral authority; conviction that only their actions, deeds and life in general are the right ones, disregard for social values. Fourth, field data showed that it is necessary to single out one more (a third) subcategory of convicts who committed combined extremism-terrorism crimes. Based on the definition of this subcategory, such convicts committed several (two or more) crimes of both extremism and terrorism nature as part of one criminal case and, correspondingly, one court decision (verdict). A targeted approach to the correction and prevention work with this category of criminals convicted for terrorism and extremism crimes makes it necessary to examine the characteristics of each subcategory of convicts included in this category.
{"title":"Speficic Moral and Psychological Characteristics of Criminals Convicted for Crimes of Terrorism and Extremism","authors":"P. Kazberov, I. Alekhin, S. Kulakova","doi":"10.17150/2500-4255.2021.15(5).522-532","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).522-532","url":null,"abstract":"The authors continued their research of the personalities of terrorists and extremists and studied characteristics of 700 persons convicted for crimes of terrorism and extremism who served their sentences in penitentiary institutions of all territorial divisions of the Russian Federation. They studied indicators of additional scales of MMPI test, questionnaires, interviews, materials of personal files, court decisions (verdicts), disciplinary practice, penitentiary and criminal law characteristics, and made a number of conclusions. \u0000First, the results allowed the authors to verify a number of hypotheses on personal characteristics of terrorists and extremists analyzed by psychologists and criminologists. \u0000Second, generalized characteristics of persons convicted for terrorism and extremism crimes acquired through the use of additional MMPI scales proved and supplemented similar results from the basic scales of this methodology. Specifically, the authors found proof of a prominent conversion type of the personality profile of examined individuals manifested in a number of ambivalent conditions and aspirations. \u0000Third, the results also allowed to define key characteristics of the substructure of personality orientation of convicts of this category: amorality in their value system; following their own convictions, personal norms and principles; immunity against any moral authority; conviction that only their actions, deeds and life in general are the right ones, disregard for social values. \u0000Fourth, field data showed that it is necessary to single out one more (a third) subcategory of convicts who committed combined extremism-terrorism crimes. Based on the definition of this subcategory, such convicts committed several (two or more) crimes of both extremism and terrorism nature as part of one criminal case and, correspondingly, one court decision (verdict). \u0000A targeted approach to the correction and prevention work with this category of criminals convicted for terrorism and extremism crimes makes it necessary to examine the characteristics of each subcategory of convicts included in this category.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88932584","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).543-554
B. Gavrilov, E. Rogova
When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.
{"title":"Criminal Law Sanctions and the Practice of Their Implementation in Counteracting Some Crimes of Corruption","authors":"B. Gavrilov, E. Rogova","doi":"10.17150/2500-4255.2021.15(5).543-554","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).543-554","url":null,"abstract":"When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74782888","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).592-604
M. Tretiak
The dominance of a distance form of interactions in modern conditions resulted in an increase in operations with cashless (electronic) funds, which led to a growth of the number of acquisitive cybercrimes. The author examines criminal law measures of protecting cashless (electronic) funds against criminal infringements in the cybersphere and conducts legal analysis of regulations on acquisitive crimes against property and information security reflected in criminal legislations of Belarus and Russia. Special attention is paid to the characteristic features of protection measures against acquisitive cybercrimes involving cashless (electronic) funds in modern criminal legislations of Belarus and Russia. Current Belarus legislation differentiates criminal liability using unified criteria (method and property size) within the same corpus delicti of three crimes in Ch. 24 and 31 of the Criminal Code of the Republic of Belarus. In the Russian legislation, the differentiation of criminal liability is based on three criteria (size, type of money or method) within five corpora delicti in Ch. 21 and 28 of the Criminal Code of the Russian Federation. The author specifically states that the use of such a differentiation approach in determining liability for online theft of cashless money in the norms of Russian criminal law leads, firstly, to considerable difficulties in determining the forms and specific criteria of such theft and, secondly, to the application of more (or less) severe measures of punishment for identical crimes. Using a detailed comparative analysis of modern criminal legislations of Belarus and Russia regarding online criminal infringements against cashless (electronic) money, the author draws a conclusion on the use of regulations in the Russian law that would make it possible to fully take into account various specific features of online infringements on cashless (electronic) money and to apply unified criteria for the differentiation of criminal liability within one corpus delicti, for example, in the form of theft in the sphere of computer information whose modus operandi is thoroughly described in one of the norms on computer crimes in Art. 159.6 of the Criminal Code of Russia.
{"title":"Specific Features of Protection Against Computer-Aided Criminal Infringements on Cashless (Electronic) Funds in Contemporary Criminal Legislations of Belarus and Russia","authors":"M. Tretiak","doi":"10.17150/2500-4255.2021.15(5).592-604","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).592-604","url":null,"abstract":"The dominance of a distance form of interactions in modern conditions resulted in an increase in operations with cashless (electronic) funds, which led to a growth of the number of acquisitive cybercrimes. The author examines criminal law measures of protecting cashless (electronic) funds against criminal infringements in the cybersphere and conducts legal analysis of regulations on acquisitive crimes against property and information security reflected in criminal legislations of Belarus and Russia. Special attention is paid to the characteristic features of protection measures against acquisitive cybercrimes involving cashless (electronic) funds in modern criminal legislations of Belarus and Russia. Current Belarus legislation differentiates criminal liability using unified criteria (method and property size) within the same corpus delicti of three crimes in Ch. 24 and 31 of the Criminal Code of the Republic of Belarus. In the Russian legislation, the differentiation of criminal liability is based on three criteria (size, type of money or method) within five corpora delicti in Ch. 21 and 28 of the Criminal Code of the Russian Federation. The author specifically states that the use of such a differentiation approach in determining liability for online theft of cashless money in the norms of Russian criminal law leads, firstly, to considerable difficulties in determining the forms and specific criteria of such theft and, secondly, to the application of more (or less) severe measures of punishment for identical crimes. Using a detailed comparative analysis of modern criminal legislations of Belarus and Russia regarding online criminal infringements against cashless (electronic) money, the author draws a conclusion on the use of regulations in the Russian law that would make it possible to fully take into account various specific features of online infringements on cashless (electronic) money and to apply unified criteria for the differentiation of criminal liability within one corpus delicti, for example, in the form of theft in the sphere of computer information whose modus operandi is thoroughly described in one of the norms on computer crimes in Art. 159.6 of the Criminal Code of Russia.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72732300","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).578-591
T. Volchetskaya, M. Avakyan, E. Osipova
The authors analyze modern manifestations of violence in educational establishments, such as school shootings and cyberbullying. Cyberbullying and, to a greater degree, school shootings remain practically unresearched by Russian legal scholars, while foreign authors stress the necessity of their research with the purpose of identifying the determinants of deviant behavior and optimizing its prevention. The authors used the materials of criminal cases to study the criminological characteristics of cyberbullying and school shootings, and identified their close interconnection. They analyzed and specified the conceptual framework, offered a classification of school shootings, and described their main types. It is stated that mass murders in educational establishments are an independent criminal phenomenon not connected with the concept of a terrorist attack, involvement of young people into extremist activities or driving an adolescent to a suicide. A general criminological description of school shootings is presented: the authors show its dynamics in Russia and abroad and single out its key determinants. The criminological features of the personality of the criminal are described using the following indices: gender, age, education, specifics of upbringing, moral and psychological traits, specifics of goals and ambitions, etc. It is stated that in the overwhelming majority of cases attacks in educational establishments were carried out by males of 14–18 years old. Most perpetrators had skills in the use of firearms. The authors examined foreign publications on the topic and conducted a comparative analysis of the spread of school shootings and cyberbullying in Russia, the USA and the EU countries from the standpoint of situational approach. It was determined that the overwhelming number of cases of school shootings registered in the world history happened in the USA, while in the EU the cases were evidently sporadic. In Russia in the last seven years there has been a trend for annual mass murders in educational institutions. Using the analysis of foreign experience and the results of a large-scale interviewing of schoolchildren and teachers in different regions of Russia, the authors suggest measures of preventing school shootings and cyberbullying while taking into account specific national features.
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Pub Date : 2021-11-25DOI: 10.17150/2500-4255.2021.15(5).509-521
P. Teplyashin, V. Molokov
Alongside a wide range of analytical crime research methods in criminology, the method of assessing the degree of criminalization of the subjects of the Russian Federation through an agglomerative approach to the features characterizing the indicators of regional crime is of special research interest. This method includes three stages: 1) sampling and processing empirical statistical indicators of regional crime; 2) clustering of regions by groups of criminological characteristics; 3) criminological analysis and summary of obtained results. In order to assess the criminalization of subjects and Districts of the Russian Federation, the authors use such indicators as the categories of crimes, as they are most informative ones regarding the degree of crime prevalence in the population. The calculations are based on crimes registered by category per 100 thousand residents in the corresponding subject or District. The authors use three classes of criminal activity of population to present the results of clustering which reflects the minimal number of elements necessary for the discrete covering of all the variety of manifestations of criminal social prevalence and makes it possible to characterize groups of regions with high, medium and low levels of such prevalence. Calculation results allowed the authors to interpret classes as groups of subjects with a low (first class), medium (second class) and high (third class) level of criminalization of their population. The authors also present the clustering of subjects and Federal Districts of the Russian Federation by coefficients of registered crimes of the corresponding categories. This clustering encompasses information in 2010–2020. The dynamics of the distribution of the subjects of the Russian Federation by class showed a wave-like transition of the specific weight of the corresponding classes and a stable growth of criminal prevalence in the population in 2019–2020. The scattering diagrams make it possible to use a trendline with linear parameters to show either a positive or a negative correlation of crime indicators. The authors use the clustering of subjects to show that, among the Federal Districts, the specific weight of the third class is prevalent in the Siberian Federal District in 2010–2020. The presented methodology can be applied to create a probability model of predicting that a subject or a District will be in a certain class.
{"title":"Agglomerative Approach to Assessing the Degree of Criminalization of the Subjects of the Russian Federation: the Methodology of Statistical Analysis and Criminological Description","authors":"P. Teplyashin, V. Molokov","doi":"10.17150/2500-4255.2021.15(5).509-521","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(5).509-521","url":null,"abstract":"Alongside a wide range of analytical crime research methods in criminology, the method of assessing the degree of criminalization of the subjects of the Russian Federation through an agglomerative approach to the features characterizing the indicators of regional crime is of special research interest. This method includes three stages: 1) sampling and processing empirical statistical indicators of regional crime; 2) clustering of regions by groups of criminological characteristics; 3) criminological analysis and summary of obtained results. In order to assess the criminalization of subjects and Districts of the Russian Federation, the authors use such indicators as the categories of crimes, as they are most informative ones regarding the degree of crime prevalence in the population. The calculations are based on crimes registered by category per 100 thousand residents in the corresponding subject or District. \u0000The authors use three classes of criminal activity of population to present the results of clustering which reflects the minimal number of elements necessary for the discrete covering of all the variety of manifestations of criminal social prevalence and makes it possible to characterize groups of regions with high, medium and low levels of such prevalence. Calculation results allowed the authors to interpret classes as groups of subjects with a low (first class), medium (second class) and high (third class) level of criminalization of their population. \u0000The authors also present the clustering of subjects and Federal Districts of the Russian Federation by coefficients of registered crimes of the corresponding categories. This clustering encompasses information in 2010–2020. The dynamics of the distribution of the subjects of the Russian Federation by class showed a wave-like transition of the specific weight of the corresponding classes and a stable growth of criminal prevalence in the population in 2019–2020. The scattering diagrams make it possible to use a trendline with linear parameters to show either a positive or a negative correlation of crime indicators. \u0000The authors use the clustering of subjects to show that, among the Federal Districts, the specific weight of the third class is prevalent in the Siberian Federal District in 2010–2020. The presented methodology can be applied to create a probability model of predicting that a subject or a District will be in a certain class.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79989598","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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