Bulbacheva A.A., Kotyazhov A.V. —
Problems of qualification of crimes against a person containing signs of hatred or enmity, as well as humiliation of human dignity
// Police activity. – 2022. – ¹ 3.
– P. 41 - 52.
DOI: 10.7256/2454-0692.2022.3.37665
URL: https://en.e-notabene.ru/pdmag/article_37665.html
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Abstract: The subject of the study are criminal law norms prescribing responsibility for inciting hatred and enmity, laws and other regulations related to this topic, the state and dynamics of crime, as well as trends in improving the criminal law in this area. The authors consider in detail scientific approaches to understanding a person as an object of criminal law protection.
The methodological basis of the research was the general scientific methods of cognition dialectical, reflecting the connection of theory and practice, logical, historical, empirical and system-structural, general logical methods induction, deduction, analysis, synthesis, private scientific methods, sociological, modeling, statistical and others. Special attention is paid to the problem of improving the criminal-legal qualification of crimes against the person motivated by racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group. The paper presents the author's position on the improvement of criminal law norms (Part 2 of Articles 131, 132 of the Criminal Code of the Russian Federation). The main approaches in this work can be used in law-making activities to improve the current criminal legislation, law enforcement activities of judicial and law enforcement agencies in order to resolve problematic situations in the qualification of crimes motivated by political, ideological, racial, national or religious hatred or enmity or hatred or enmity against any social group.
Bulbacheva A.A., Kotyazhov A.V. —
Collisions and contradictions of legal regulation in the field of struggle against illicit trafficking of drugs, psychoactive substances, and their precursors: the ways of improvement of anti-narcotics legislation
// Police activity. – 2020. – ¹ 3.
– P. 11 - 21.
DOI: 10.7256/2454-0692.2020.3.33306
URL: https://en.e-notabene.ru/pdmag/article_33306.html
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Abstract: The object of research is the set of legal provisions regulating social relations emerging during the process of struggle against illicit trafficking of drugs, psychoactive substances, and their precursors. The research subject is the set of legal norms in the field of struggle against illicit trafficking of drugs, psychoactive substances and precursors. The research methodology is based on general philosophical methods, the dialectical method of scientific cognition, analysis of documents, comparative-legal analysis, the specific historical approach, the methods of analysis, synthesis, deduction, and induction. The theoretical significance of the research consists in the attempt to analyze the legal basis of the struggle against illicit trafficking of drugs, psychoactive substances and precursors. The purpose of the research is the improvement of the legal basis of the struggle against illicit trafficking of drugs, psychoactive substances and precursors; the elimination of contradictions in regulatory documents. The article represents the opinion about the necessity to exclude the term “intoxicating substances”. The analysis of the legal framework of the struggle against illicit trafficking of drugs, psychoactive substances and they precursors allows the authors to detect the problem issues of non-compliance of legal provisions regulating legal relations in the field of the struggle against illicit trafficking of drugs at the level of federal legislation, which often leads to the contradictory practice of law-enforcement in the field of administrative, intelligence, criminal-legal and other legal relations involving the internal affairs bodies of the Russian Federation.