The police and criminal procedure
Reference:
Ligai L.Y.
Features of sentencing for the commission of a crime under Article 314 of the Criminal Code of the Russian Federation
// Police activity.
2024. ¹ 5.
P. 1-9.
DOI: 10.7256/2454-0692.2024.5.71654 EDN: WDZXVE URL: https://en.nbpublish.com/library_read_article.php?id=71654
Abstract:
The subject of the study is a criminal law norm establishing criminal liability for evasion from serving a sentence and from the use of compulsory medical measures (Article 314 of the Criminal Code of the Russian Federation), the practice of sentencing for committing a crime regulated by Part 1 of Article 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify patterns of sentencing for evading the restriction of liberty imposed as an additional punishment, and on their basis to identify problems that arise when sentencing. The article analyzes judicial practice regarding the application of the provisions of Articles 69 and 70 of the Criminal Code of the Russian Federation when imposing punishment for committing a crime under Part 1 of Article 314 of the Criminal Code of the Russian Federation. The possibility of simultaneous execution of restriction of freedom, acting as an additional punishment and a suspended sentence, is being investigated. The research methodology is based on general scientific (logical, systematic, analysis, interpretation, generalization) and private scientific (specifically sociological, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying ambiguous judicial practice in cases involving evasion from serving a sentence in the form of restriction of liberty imposed as an additional punishment, based on which convicted persons undergo various consequences of criminal punishment for committing identical crimes. The necessity of attaching the unserved term of restriction of liberty (as an additional punishment) to the newly imposed punishment is justified. Recommendations are formulated to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2022 No. 20 "On certain issues of judicial practice in criminal cases of crimes against justice" regarding the inexpediency of simultaneous execution of restriction of liberty imposed as an additional punishment and conditional punishment.
Keywords:
deprivation of liberty, court verdict, the totality of sentences, the totality of crimes, conditional sentence, evasion, court, restriction of freedom, punishment, convicted
The police and issues of the fight against terror and extremism
Reference:
Bagandova L.Z.
Rehabilitation of Nazism as a crime under the criminal legislation of the Russian Federation: objective signs
// Police activity.
2024. ¹ 5.
P. 10-26.
DOI: 10.7256/2454-0692.2024.5.71767 EDN: EGIYMF URL: https://en.nbpublish.com/library_read_article.php?id=71767
Abstract:
The subject of this study is the objective signs of the prohibition of the rehabilitation of Nazism in Russian Federation criminal law. The author pays special attention to the definition of the object of the considered corpus delicti and notes that the direct object of the corpus delicti provided for in Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is public relations to ensure the international security of mankind in connection with the revival of the ideology of Nazism. The author claims that the second corpus delicti, enshrined in Part 3 of the article in question, has a different object, different from the generic object of the corpus delicti provided for in part 1 of the norm in question – this is not the peace and security of mankind, but the public morality of the population. In this regard, it seems more correct to place this composition in the form of a separate norm in the chapter "Crimes against public health and public morality". The methodology of the research consists of such methods as historical-legal, formal-legal, universal dialectical and logical. The author argues that the new norm in the Criminal Code of the Russian Federation has not facilitated law enforcement, since due to errors in legal technique and the construction of the norm as a whole, the lack of definitions for a clearer understanding of the actions that constitute the objective side of the present corpus delicti, makes it difficult to identify and bring to justice under this norm. The author emphasizes the importance of considering aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the real crime is often committed in the Internet environment. Separately, the author examines the signs of the objective side of the considered corpus delicti, in particular, the criminal law prohibition on approving crimes established by the verdict of the International Military Tribunal for the Court and War Criminals of the European Axis countries.
Keywords:
historical memory, justification of Nazism, approval of Nazism, Nuremberg Tribunal, Great Patriotic War, The Second World War, criminal law, rehabilitation of Nazism, international military tribunal, Immortal regiment
Professional training of police officers
Reference:
Arkhipov S.N.
An approach to the implementation of measures to reduce incidents when receiving and handing over weapons and ammunition
// Police activity.
2024. ¹ 5.
P. 27-39.
DOI: 10.7256/2454-0692.2024.5.69132 EDN: FCSVXY URL: https://en.nbpublish.com/library_read_article.php?id=69132
Abstract:
In this study, the author analyzes the causes and factors contributing to the occurrence of situations of unprofessional actions of policemen in handling combat hand-held small arms related to an involuntary shot when receiving and preparing it for service or when handing over weapons at the end of service. The author examines in detail such issues as: -ensuring security when receiving and handing over weapons in the duty station; - the lack of a unified approach, in the order of actions performed with weapons when loading and discharging it in the duty station; - the use of a single algorithm of employee actions and schemes for it, as ways to reduce cases of injury when loading and discharging weapons. The subject of the study is the algorithm of actions of employees when handling weapons when receiving and handing them over in the duty station. The object of the author's research is the professional training of employees of the territorial bodies of internal affairs of the Russian Federation. Research methods: generalization, comparative analysis, included observation; system analysis and synthesis of practical experience of fire training and interdisciplinary literature review on the studied problem; sociological methods: expert assessments; mathematical and statistical data processing. The main conclusions of the study are: 1.The causes of accidents with firearms are due to non-compliance with safety measures when handling weapons; 2. The lack of an exact sequence of actions with weapons when loading weapons and discharging them manifests itself in the chaotic execution of these actions. 3. The lack of a single algorithm for loading and unloading weapons is the cause of accidents. 4. The use of the algorithm of the employee's actions when loading weapons before entering service and discharging them upon delivery and the scheme for it, placed in the duty stations in the place for loading and discharging weapons, will minimize the likelihood of an accidental shot. A special contribution of the author is the development of a single algorithm and a scheme for it, which are introduced into the educational process and professional activities of the ATS staff. The novelty of the research lies in the development of a single algorithm for the actions of employees with weapons when receiving and handing them over to the duty station.
Keywords:
weapon, security measures, fire training, scheme, algorithm of actions, personal safety, professional training, loading, discharging weapons, duty station