Pub Date : 2021-08-17DOI: 10.17150/2500-4255.2021.15(4).419-425
I. Kozachenko, Eugenia E. Melyukhanova
The authors attempt to show the reasons that prove the necessity of criminal law protection of genetic dignity. We have witnessed truly «breakthrough» genetic achievements in the recent years, and the negative impact on the processes and results of generic research has intensified. As a result, there arises an inevitable conflict between the goals, methods and means of this research and the so-called human genetic dignity. The authors stress that dignity is traditionally viewed as having the objective and the subjective component. The former reflects an assessment of the person by other people, while the latter is the person’s own assessment of his/her personality. A long-term silence of Russian lawmakers, who are in no hurry to criminalize actions connected with unlawful humiliation of genetic dignity, is hardly justifiable. Other manifestations of criminal activities in the sphere of genetics are also quite real. An absence of criminal law counteraction to manipulations in the sphere of genetic dignity leads to a gap in the legal regulation of prospective trends in the cutting-edge research. As it is well-known, of all the things that human beings are endowed at birth or acquire in the process of development, the most important one, in terms of moral values, is dignity. It is human dignity that obviously and indisputably makes humans different from any other living and conscious beings inhabiting our planet. Due to this, the principle of protecting human dignity is universally recognized at the international level. Genetic dignity, as one of the components of human dignity, is also an inalienable benefit, a special asset. It has no money equivalent and should be protected by criminal law, just like human dignity in general. The influence of social factors on the criminalization of actions connected with infringements on genetic dignity is obvious in the conditions of rapid advancement of genetic research not only in Russia, but also in other countries. Until the results of genetic research are given due criminal law protection, this gap will be filled by extralegal means of regulation.
{"title":"On the Reasons for Criminal Law Protection of Genetic Dignity","authors":"I. Kozachenko, Eugenia E. Melyukhanova","doi":"10.17150/2500-4255.2021.15(4).419-425","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(4).419-425","url":null,"abstract":"The authors attempt to show the reasons that prove the necessity of criminal law protection of genetic dignity. We have witnessed truly «breakthrough» genetic achievements in the recent years, and the negative impact on the processes and results of generic research has intensified. As a result, there arises an inevitable conflict between the goals, methods and means of this research and the so-called human genetic dignity. The authors stress that dignity is traditionally viewed as having the objective and the subjective component. The former reflects an assessment of the person by other people, while the latter is the person’s own assessment of his/her personality. A long-term silence of Russian lawmakers, who are in no hurry to criminalize actions connected with unlawful humiliation of genetic dignity, is hardly justifiable. Other manifestations of criminal activities in the sphere of genetics are also quite real. \u0000An absence of criminal law counteraction to manipulations in the sphere of genetic dignity leads to a gap in the legal regulation of prospective trends in the cutting-edge research. As it is well-known, of all the things that human beings are endowed at birth or acquire in the process of development, the most important one, in terms of moral values, is dignity. It is human dignity that obviously and indisputably makes humans different from any other living and conscious beings inhabiting our planet. Due to this, the principle of protecting human dignity is universally recognized at the international level. \u0000Genetic dignity, as one of the components of human dignity, is also an inalienable benefit, a special asset. It has no money equivalent and should be protected by criminal law, just like human dignity in general. The influence of social factors on the criminalization of actions connected with infringements on genetic dignity is obvious in the conditions of rapid advancement of genetic research not only in Russia, but also in other countries. Until the results of genetic research are given due criminal law protection, this gap will be filled by extralegal means of regulation.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"95 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82419026","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).352-360
L. Gotchina, M. Dvorzhitskaya
The paper discusses highly latent actions constituting implication in a crime. The goal of this study is to identify the problems of criminally prosecuting persons who committed actions constituting implication in a crime, to qualify them and to develop recommendations for their elimination. Formal legal and comparative legal methods were used to obtain and process results relevant for the research, the statistical method was used to collect and analyze data on the examined crimes, and the sociological one — to conduct a survey of experts. An analysis of criminal cases made it possible to state that the problem of criminally prosecuting persons who committed actions constituting implication in a crime is connected with the problems of their qualification, and with widening the institute of implication through failure to report a crime; this action is included in the Criminal Code of the Russian Federation in connection with the topical issues of terrorism threat, a growing number of terrorist crimes and the necessity to protect the society from them. The authors believe that it is reasonable to recognize 16 years old as the minimum age of criminal responsibility for failure to report a crime. It is proven that the criminal character of implication in a crime could be based not only on the guilty verdict for the main case, but also on other procedural acts. It is concluded that implication in a socially dangerous act is possible for a person who does not possess the attribute of a subject of a crime due to his/her mental incompetence, and is also possible for a crime committed in complicity. It is stated that concealment of a crime is constituted by actions to conceal the event of the main crime, its traces, the objects obtained through criminal means, or the person who committed the main crime. It can be committed not only through physical, but also through intellectual actions. The authors suggest differentiating between criminal liability for the concealment of grave and especially grave crimes. The analysis of judicial investigation practice made it possible to identify typical models of qualifying actions constituting implication in a crime, as well as psychological, moral, criminological and criminal law features of a person who conceals a crime or fails to report it. Based on the authors’ position, a formulation of the decree of the Plenary Session of the Supreme Court of the Russian Federation «On some issues of implication in a crime» is suggested.
{"title":"Problems of the Criminal Prosecution of Persons Who Committed Actions Constitution Implication in a Crime","authors":"L. Gotchina, M. Dvorzhitskaya","doi":"10.17150/2500-4255.2021.15(3).352-360","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).352-360","url":null,"abstract":"The paper discusses highly latent actions constituting implication in a crime. The goal of this study is to identify the problems of criminally prosecuting persons who committed actions constituting implication in a crime, to qualify them and to develop recommendations for their elimination. Formal legal and comparative legal methods were used to obtain and process results relevant for the research, the statistical \u0000method was used to collect and analyze data on the examined crimes, and the sociological one — to conduct a survey of experts. An analysis of criminal cases made it possible to state that the problem of criminally prosecuting persons who committed actions constituting implication in a crime is connected with the problems of their qualification, and with widening the institute of implication through failure to report a crime; this action is included in the Criminal Code of the Russian Federation in connection with the topical issues of terrorism threat, a growing number of terrorist crimes and the necessity to protect the society from them. The authors believe that it is reasonable to recognize 16 years old as the minimum age of criminal responsibility for failure to report a crime. It is proven that the criminal character of implication in a crime could be based not only on the guilty verdict for the main case, but also on other procedural acts. It is concluded that implication in a socially dangerous act is possible for a person who does not possess the attribute of a subject of a crime due to his/her mental incompetence, and is also possible for a crime committed in complicity. It is stated that concealment of a crime is constituted by actions to conceal the event of the main crime, its traces, the objects obtained through criminal means, or the person who committed the main crime. It can be committed not only through physical, but also through intellectual actions. The authors suggest differentiating between criminal liability for the concealment of grave and especially grave crimes. The analysis of judicial investigation practice made it possible to identify typical models of qualifying actions constituting implication in a crime, as well as psychological, moral, criminological and criminal law features of a person who conceals a crime or fails to report it. Based on the authors’ position, a formulation of the decree of the Plenary Session of the Supreme Court of the Russian Federation «On some issues of implication in a crime» is suggested.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"6 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79543721","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).401-408
I. Antonov, I. Alekseev
The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.
{"title":"Problems of Implementing the Criminal Procedure Policy in Crime Prevention","authors":"I. Antonov, I. Alekseev","doi":"10.17150/2500-4255.2021.15(3).401-408","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).401-408","url":null,"abstract":"The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77253697","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).267-281
Natalya V. Genrikh
The mutual connection of criminalization and human rights unjustifiably remains one of poorly researched areas in Russian science. Meanwhile, the development of the legal doctrine of rights has been, and is still now, influencing the lawmaking practice of recognizing actions as criminal. Today, it is possible to clearly identify two principally different models of criminalization (and, on the whole, models of criminal law) depending on the direction and results of human rights influence on it. The first model is liberal criminal law. Within its framework, human rights were primarily a guarantee of individual freedom of a person against unjustified criminalization ambitions of the state, this model was aimed at hindering criminalization processes, at setting boundaries for the states subjective right to exercise punishment. The second model - authoritative criminal law - began its development with the recognition that the state has positive liabilities to protect human rights, it acts today as a theoretical basis for the development of super-criminalization processes, justified by the necessity of comprehensive protection of human rights. There is a clear correlation between these models and the historical stages of the development of criminal law, the political and legal ideas of legal and social state. In todays situation, there appears a dialectic contradiction between these models that should be resolved by synthesizing the best achievements of each of them. This synthesis should be based on the idea of combining, firstly, the ideas that the state has a liability to protect human rights by criminal law measures and, secondly, the ideas that criminal law is the last resort of the state and its use is only justified if it has been proven that other legal measures of protecting human rights are not effective.
{"title":"Human Rights and Criminalization","authors":"Natalya V. Genrikh","doi":"10.17150/2500-4255.2021.15(3).267-281","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).267-281","url":null,"abstract":"The mutual connection of criminalization and human rights unjustifiably remains one of poorly researched areas in Russian science. Meanwhile, the development of the legal doctrine of rights has been, and is still now, influencing the lawmaking practice of recognizing actions as criminal. Today, it is possible to clearly identify two principally different models of criminalization (and, on the whole, models of criminal law) depending on the direction and results of human rights influence on it. The first model is liberal criminal law. Within its framework, human rights were primarily a guarantee of individual freedom of a person against unjustified criminalization ambitions of the state, this model was aimed at hindering criminalization processes, at setting boundaries for the states subjective right to exercise punishment. The second model - authoritative criminal law - began its development with the recognition that the state has positive liabilities to protect human rights, it acts today as a theoretical basis for the development of super-criminalization processes, justified by the necessity of comprehensive protection of human rights. There is a clear correlation between these models and the historical stages of the development of criminal law, the political and legal ideas of legal and social state. In todays situation, there appears a dialectic contradiction between these models that should be resolved by synthesizing the best achievements of each of them. This synthesis should be based on the idea of combining, firstly, the ideas that the state has a liability to protect human rights by criminal law measures and, secondly, the ideas that criminal law is the last resort of the state and its use is only justified if it has been proven that other legal measures of protecting human rights are not effective.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"23 5","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72460889","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).380-391
Ganna Sobko
The author examines topical aspects of specifying mental violence in the criminal legislation of Ukraine on the basis of Articles from the Section «Crimes against Public Security», namely «Banditry», «Terrorist Acts», «Intentionally False Report about a Threat to Public Security, or a Threat of Property Destruction or Damage». Special attention is paid to the empirical data collected on the basis of indicators of the Prosecutor General’s Office of Ukraine, the guilty verdicts of the courts of Ukraine under the above-mentioned Articles. On this basis, the author specifies objective attributes of the presence of mental violence in the above-mentioned crimes, analyzes their significance and, using the cases of court verdicts, proves the presence of mental violence. Mental violence is expressed through the use of the following terminology: coercion, compulsion, involvement, threats, recruitment, use of weapons, exerting psychological pressure against the victim, threat (of explosion, arson or other actions terrorizing the population, posing danger of human death, considerable damage to property or other grave consequences). The author has analyzed and presented the percentage ratio of all crimes under consideration and, using the conducted analysis, has developed recommendations on supplementing the formal components constituting these crimes with a compulsory object of the mental health of the population. Besides, having assessed the cumulative data from the survey of police officers whose work is connected with crime investigation, the author concludes that, within the framework of crimes against public security, such criminal means as involvement and coercion are varieties of mental violence which, through psychological influence, change a person’s mentality and behavior. To improve the professional competence of investigators in the spheres of psychology, criminal law and criminology, the author suggests developing for investigators an algorithm of actions for identifying mental violence in crimes against public security.
{"title":"Criminological and Criminal Law Signs of Mental Violence in Crimes Against Public Security Under the Criminal Law of Ukraine","authors":"Ganna Sobko","doi":"10.17150/2500-4255.2021.15(3).380-391","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).380-391","url":null,"abstract":"The author examines topical aspects of specifying mental violence in the criminal legislation of Ukraine on the basis of Articles from the Section «Crimes against Public Security», namely «Banditry», «Terrorist Acts», «Intentionally False Report about a Threat to Public Security, or a Threat of Property Destruction or Damage». Special attention is paid to the empirical data collected on the basis of indicators of the Prosecutor General’s Office of Ukraine, the guilty verdicts of the courts of Ukraine under the above-mentioned Articles. On this basis, the author specifies objective attributes of the presence of mental violence in the above-mentioned crimes, analyzes their significance and, using the cases of court verdicts, proves the presence of mental violence. Mental violence is expressed through the use of the following terminology: coercion, compulsion, involvement, threats, recruitment, use of weapons, exerting psychological pressure against the victim, threat (of explosion, arson or other actions terrorizing the population, posing danger of human death, considerable damage to property or other grave consequences). The author has analyzed and presented the percentage ratio of all crimes under consideration and, using the conducted analysis, has developed recommendations on supplementing the formal components constituting these crimes with a compulsory object of the mental health of the population. Besides, having assessed the cumulative data from the survey of police officers whose work is connected with crime investigation, the author concludes that, within the framework of crimes against public security, such criminal means as involvement and coercion are varieties of mental violence which, through psychological influence, change a person’s mentality and behavior. To improve the professional competence of investigators in the spheres of psychology, criminal law and criminology, the author suggests developing for investigators an algorithm of actions for identifying mental violence in crimes against public security.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"24 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82801953","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).306-320
Victor Fadeev
The anatomy of crime, viewed as such in comparison with any form of law and order, is presented as a criminological template developed by the humanity over the centuries of legal practice. This template includes the following: the conception of the action — the intention to commit it — the preparation — committing the action — its direct manifestations — its results and consequences compared with the conception and the size of punishment. Currently, the conception and intention are not yet criminalized. It is connected with the fact that this sphere is not either generally or specifically recognized as an object of science and legal practice, diverse criminal conceptions and intentions stay outside the professional attention and jurisprudence although they are, explicitly or implicitly, perverted in their essence and character. It is worth noting that the «black hole» of uncertainty and the perverted character of the legal environment in which the humanity lives are manifested not only in the sphere of professional interests of criminology as a science of crime counteraction. However, not only philosophy, but practically all the humanities, including psychology and its applications, have not taken seriously the conception and the intentions of its embodiment which, through logos, are included in the essence of the human and the humanity, and in his life on planet Earth. For this reason, it is dominated by lies and deceptions, by criminal conceptions, intentions and acts, wars and homicide involving not only individual persons, by whole countries and nations. Urgent measures need to be developed and implemented to stop this rampage of destructive forces, it is necessary to have a «global rebooting» and to take the path of living in and developing a truly human civilization.
{"title":"Conceptions and Intentions as a New Focus of Attention in Criminology and Jurisprudence","authors":"Victor Fadeev","doi":"10.17150/2500-4255.2021.15(3).306-320","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).306-320","url":null,"abstract":"The anatomy of crime, viewed as such in comparison with any form of law and order, is presented as a criminological template developed by the humanity over the centuries of legal practice. This template includes the following: the conception of the action — the intention to commit it — the preparation — committing the action — its direct manifestations — its results and consequences compared with the conception and the size of punishment. \u0000Currently, the conception and intention are not yet criminalized. It is connected with the fact that this sphere is not either generally or specifically recognized as an object of science and legal practice, diverse criminal conceptions and intentions stay outside the professional attention and jurisprudence although they are, explicitly or implicitly, perverted in their essence and character. \u0000It is worth noting that the «black hole» of uncertainty and the perverted character of the legal environment in which the humanity lives are manifested not only in the sphere of professional interests of criminology as a science of crime counteraction. \u0000However, not only philosophy, but practically all the humanities, including psychology and its applications, have not taken seriously the conception and the intentions of its embodiment which, through logos, are included in the essence of the human and the humanity, and in his life on planet Earth. For this reason, it is dominated by lies and deceptions, by criminal conceptions, intentions and acts, wars and homicide involving not only individual persons, by whole countries and nations. Urgent measures need to be developed and implemented to stop this rampage of destructive forces, it is necessary to have a «global rebooting» and to take the path of living in and developing a truly human civilization.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"26 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83523123","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).295-305
Jaroslava Dicevich, O. Belykh, G. Rusetskaya
The authors describe the experience of using information and other new technologies in the daily work of state law enforcement, nature protection agencies and other bodies involved in nature protection activities, including automated information systems, technical means of recording information, computer geoinformation systems that make it possible to monitor the condition of nature and nature-anthropogenic objects as part of control-supervision and other activities; they also make it possible to reveal, record and assess the consequences of violations of environmental legislation. The paper presents information on how procuratorial authorities, internal affair’s bodies and customs authorities use information technologies to solve the problems of identifying timber materials as they are transported on the territory of Russia and taken abroad, of controlling the legal origin of timber materials in customs reporting procedures and, in general, how these technologies are used to reduce the latency level of environmental offences. The authors claim that, in order to improve the nature protection law enforcement activities, it is necessary to use information technologies to organize a single accounting and analysis system for administrative offences in the environmental sphere, while taking into account the multi-subject nature of the bodies of administrative jurisdiction in this sphere and the existing difficulties in differentiating between environmental administrative offences and crimes. The authors discuss examples of using biotechnological and bioinformation methods to reveal the violations of environmental legislation and to repair the damage inflicted on the environment. They draw attention to the legislative embodiment of the duty, since 2019, for subjects of industrial environmental control to use new technologies in the form of distance monitoring over objects having a considerable negative impact on the environment. The authors also note a positive influence that the use of new technologies in Russia has on the activation of public environmental control thanks to, among other things, a federal information system of public control in the sphere of environmental protection. They suggest that there is a considerable anti-criminogenic potential in creating, at the regional level, internet-based information resources of environmental character to promote the cooperation between subjects of nature protection activities and improve the level of environmental culture of the Russian people.
{"title":"The Use of New Technologies in Counteracting Violations of Environmental Legislation","authors":"Jaroslava Dicevich, O. Belykh, G. Rusetskaya","doi":"10.17150/2500-4255.2021.15(3).295-305","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).295-305","url":null,"abstract":"The authors describe the experience of using information and other new technologies in the daily work of state law enforcement, nature protection agencies and other bodies involved in nature protection activities, including automated information systems, technical means of recording information, computer geoinformation systems that make it possible to monitor the condition of nature and nature-anthropogenic objects as part of control-supervision and other activities; they also make it possible to reveal, record and assess the consequences of violations of environmental legislation. The paper presents information on how procuratorial authorities, internal affair’s bodies and customs authorities use information technologies to solve the problems of identifying timber materials as they are transported on the territory of Russia and taken abroad, of controlling the legal origin of timber materials in customs reporting procedures and, in general, how these technologies are used to reduce the latency level of environmental offences. The authors claim that, in order to improve the nature protection law enforcement activities, it is necessary to use information technologies to organize a single accounting and analysis system for administrative offences in the environmental sphere, while taking into account the multi-subject nature of the bodies of administrative jurisdiction in this sphere and the existing difficulties in differentiating between environmental administrative offences and crimes. The authors discuss examples of using biotechnological and bioinformation methods to reveal the violations of environmental legislation and to repair the damage inflicted on the environment. They draw attention to the legislative embodiment of the duty, since 2019, for subjects of industrial environmental control to use new technologies in the form of distance monitoring over objects having a considerable negative impact on the environment. The authors also note a positive influence that the use of new technologies in Russia has on the activation of public environmental control thanks to, among other things, a federal information system of public control in the sphere of environmental protection. They suggest that there is a considerable anti-criminogenic potential in creating, at the regional level, internet-based information resources of environmental character to promote the cooperation between subjects of nature protection activities and improve the level of environmental culture of the Russian people.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"22 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85946232","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).361-371
E. Zharkikh, Afet Maksimov, L. Prokhorov
The authors examine key stages of the development of theoretical views and concepts of the essence of recidivism lying at the basis of the emergence of professional and organized crime, whose genesis trends pose a special danger for the global community in the 20th and the 21st centuries. It is noted that the problems of counteracting repeat offences were discussed by scholars of different periods of the development of criminological and criminal law doctrines. Besides, the authors state that in contemporary lawmaking practice in the world there are several radically different approaches to the assessment of repeat offences in terms of the differentiation of criminal liability and individualization of punishment. A heightened danger of repeat offences dictates special approaches of lawmakers to the differentiation of criminal liability, to determining its limits in the norms of the Special Parts of criminal legislation in cases of recidivism. The authors describe key stages of the development of the institute of repeat offences and its influence on the differentiation of criminal liability and individualization of punishment in the Russian legislation. They examine key functional roles of the institute of repeat offences: ensuring the differentiation of criminal liability depending on recidivism, determining the limits of its use and the conditions of release; regulation of the algorithm of the individualization of punishment for repeat offences; determining the type of correctional institution to which the offender is allocated in cases of recidivism; execution of punishment. There are two key approaches to assessing repeat offences in terms of the differentiation of criminal liability and the individualization of punishment in the lawmaking practice in the world. The first approach to determining the limits of punishment in case of a repeat offence is based on assessing the personality of the offender, while the second presupposes shifting the emphasis from the personality of the offender to the committed crimes, to recidivism. The authors specifically stress that while the general role of the institute of repeat offences is positive, there are some contradictions in the system of the current Criminal Code of the Russian Federation regarding the lawmakers’ approach to its regulation that have an impact on the differentiation of criminal liability. These contradictions are connected with considerable changes in the contents of Part 2, Art. 68 of the Criminal Code of the Russian Federation introduced by the Federal Law of Dec. 8, 2003 № 162-ФЗ. It states that the term of punishment of any type of repeat offence cannot be under one third of the maximum term for the strictest type of punishment, and it should be restricted by the limits of the sanction in the corresponding article of the Special Part of the Criminal Code of the Russian Federation. Consequently, the introduction of this criminal law norm in the legislative system neutralized the re
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Pub Date : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).372-379
R. Dremliuga, A. Korobeev
The authors analyze a relatively new phenomenon of spreading realistic audiovisual fake materials (deepfakes). This socially dangerous phenomenon is not reflected in the Russian criminal legislation as a separate offence. At the same time, some countries have started developing a criminal policy in this sphere. The methodology of the study presupposes a comparative law analysis of current legislations of the USA, China and the European union regarding the liability for the dissemination of realistic audiovisual fakes. The analysis of criminal legislation is aimed at the identification and systematization of key approaches to criminalizing the dissemination of realistic audiovisual fakes in the countries that are the leaders in digitizing their social and economic life. It showed that there are radically different approaches to regulating criminal liability for the actions under consideration. The authors analyzed criminal policy of the United States at the federal and state levels on the criminal law protection against infringements through deepfakes. They found that the first action to be recognized as criminal is the use of realistic audiovisual fakes for electoral intervention. The legislations of some states strictly regulate the procedure of posting such content before elections, the most serious violations leading to criminal liability. Besides, the United States recognizes as criminally punishable the use of deepfakes for creating materials of intimate nature and for identity theft. The People’s Republic of China establishes liability, including criminal liability, for posting any fake realistic-looking audiovisual materials without mentioning that they are fake. Currently there are no special criminal law norms regulating liability for the dissemination of deepfakes in the law of the European Union. This action should be viewed as infringement of the lawful use of personal data. The authors give their assessment of some criminological characteristics of the analyzed publicly dangerous phenomenon in Russia and in the world. In spite of the relative novelty of the deepfake technology, realistic fake videos are quite common. The society supports the necessity of criminalizing this publicly dangerous action.
{"title":"A Fight Against the Dissemination of Deepfakes in Other Countries: Criminal and Criminological Aspects","authors":"R. Dremliuga, A. Korobeev","doi":"10.17150/2500-4255.2021.15(3).372-379","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).372-379","url":null,"abstract":"The authors analyze a relatively new phenomenon of spreading realistic audiovisual fake materials (deepfakes). This socially dangerous phenomenon is not reflected in the Russian criminal legislation as a separate offence. At the same time, some countries have started developing a criminal policy in this sphere. The methodology of the study presupposes a comparative law analysis of current legislations of the USA, China and the European union regarding the liability for the dissemination of realistic audiovisual fakes. The analysis of criminal legislation is aimed at the identification and systematization of key approaches to criminalizing the dissemination of realistic audiovisual fakes in the countries that are the leaders in digitizing their social and economic life. It showed that there are radically different approaches to regulating criminal liability for the actions under consideration. The authors analyzed criminal policy of the United States at the federal and state levels on the criminal law protection against infringements through deepfakes. They found that the first action to be recognized as criminal is the use of realistic audiovisual fakes for electoral intervention. The legislations of some states strictly regulate the procedure of posting such content before elections, the most serious violations leading to criminal liability. Besides, the United States recognizes as criminally punishable the use of deepfakes for creating materials of intimate nature and for identity theft. The People’s Republic of China establishes liability, including criminal liability, for posting any fake realistic-looking audiovisual materials without mentioning that they are fake. Currently there are no special criminal law norms regulating liability for the dissemination of deepfakes in the law of the European Union. This action should be viewed as infringement of the lawful use of personal data. The authors give their assessment of some criminological characteristics of the analyzed publicly dangerous phenomenon in Russia and in the world. In spite of the relative novelty of the deepfake technology, realistic fake videos are quite common. The society supports the necessity of criminalizing this publicly dangerous action.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"23 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87883212","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 : 2021-07-02DOI: 10.17150/2500-4255.2021.15(3).332-340
Viktor Merkuryev, A. Zvonov, Andrey A. Yakovlev
Modern society faces a serious problem of preserving the health of people. Currently, there are some wide-spread diseases that are highly dangerous because they are easily transmitted and have a high mortality rate. These diseases compose a group of socially significant diseases, their list is approved by the Decree of the RF Government of Dec. 1, 2004 No. 715. One of the key institutes of counteracting the spread of socially significant diseases is the institute of criminal law measures. A number of clauses of the RF Criminal Code regulate mandatory treatment of criminally liable persons. The use of criminal law measures is regulated by Art. 72.1, 73, 79, 82.1 and Ch. 15 of the RF Criminal Code, while Art. 18 of the RF Penitentiary Code determines the procedure of using medical measures to treat persons sentenced to punishments involving isolation from the society. However, the non-mandatory and ambiguous procedure of prescribing mandatory treatment for socially significant diseases through criminal law means creates difficulties in organizing a comprehensive approach to treating such diseases. In the process of their research, the authors ascertained that it is necessary to adopt an uncompromising approach in prescribing treatment of a socially significant disease by using criminal law measures to a person suffering from such a disease. This goal could be achieved by replacing the phrase «could hold accountable» to «holds accountable» in the clauses of Art. 72.1, 73 and 79 of the RF Criminal Code. It is suggested that the legal limitation of the use of mandatory treatment for convicts isolated from the society should be abolished by eliminating the words «which is connected with danger to themselves or other persons» from Part 2, Art. 18 of the RF Penitentiary Code. Related problems arise during the mandatory treatment of psychiatric disorders that are socially significant diseases too. Thus, the elimination of legal problems of treating socially significant diseases through criminal law measures will increase the effectiveness of criminal legislation from the standpoint of its social function — the protection of the society and its representatives.
{"title":"Criminal Law Measures Providing for the Treatment of Socially Significant Diseases: a Mandatory Application or a Selective Addition","authors":"Viktor Merkuryev, A. Zvonov, Andrey A. Yakovlev","doi":"10.17150/2500-4255.2021.15(3).332-340","DOIUrl":"https://doi.org/10.17150/2500-4255.2021.15(3).332-340","url":null,"abstract":"Modern society faces a serious problem of preserving the health of people. Currently, there are some wide-spread diseases that are highly dangerous because they are easily transmitted and have a high mortality rate. These diseases compose a group of socially significant diseases, their list is approved by the Decree of the RF Government of Dec. 1, 2004 No. 715. One of the key institutes of counteracting the spread of socially significant diseases is the institute of criminal law measures. A number of clauses of the RF Criminal Code regulate mandatory treatment of criminally liable persons. The use of criminal law measures is regulated by Art. 72.1, 73, 79, 82.1 and Ch. 15 of the RF Criminal Code, while Art. 18 of the RF Penitentiary Code determines the procedure of using medical measures to treat persons sentenced to punishments involving isolation from the society. However, the non-mandatory and ambiguous procedure of prescribing mandatory treatment for socially significant diseases through criminal law means creates difficulties in organizing a comprehensive approach to treating such diseases. In the process of their research, the authors ascertained that it is necessary to adopt an uncompromising approach in prescribing treatment of a socially significant disease by using criminal law measures to a person suffering from such a disease. This goal could be achieved by replacing the phrase «could hold accountable» to «holds accountable» in the clauses of Art. 72.1, 73 and 79 of the RF Criminal Code. It is suggested that the legal limitation of the use of mandatory treatment for convicts isolated from the society should be abolished by eliminating the words «which is connected with danger to themselves or other persons» from Part 2, Art. 18 of the RF Penitentiary Code. Related problems arise during the mandatory treatment of psychiatric disorders that are socially significant diseases too. Thus, the elimination of legal problems of treating socially significant diseases through criminal law measures will increase the effectiveness of criminal legislation from the standpoint of its social function — the protection of the society and its representatives.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"16 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74896114","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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