Chuklina E. —
On the correlation of criminal sociology, criminology and sociology of criminal law
// Law and Politics. – 2022. – ¹ 5.
– P. 1 - 8.
DOI: 10.7256/2454-0706.2022.5.34415
URL: https://en.e-notabene.ru/lpmag/article_34415.html
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Abstract: The author of the article considers the problem of the correlation of such areas of legal science as criminal sociology, criminology and sociology of criminal law. There is still no consensus in the modern doctrine regarding the place in the system of legal science and the subject of these areas. Thus, some scientists identify criminal sociology with criminology, and others - with the sociology of criminal law. With the help of the historical and legal method, the author demonstrates the development of the sociological trend in Western and domestic legal thought, which took shape at the end of the XIX century in criminal sociology (in Western science - criminal sociology), or criminology. Using logical and comparative methods, the author comes to the conclusion that the term "criminal sociology" is synonymous with criminology, which was used in Russian science at the end of the XIX century. The sociology of criminal law became the subject of scientific discussions already in the Soviet legal science in the 1970s and 1980s. The author joins the position of scientists that the sociology of criminal law serves as a section of criminal law, but states the absorption of criminology research issues included in the field of sociology of criminal law. The expediency of distinguishing the subject areas of criminology and sociology of criminal law is noted, leaving behind the latter the social conditionality and effectiveness of criminal norms, the improvement of criminal law and the practice of its application.
Chuklina E. —
Criminal law principles with double prevention: a concept and a preventive action mechanism
// Police and Investigative Activity. – 2020. – ¹ 3.
– P. 61 - 75.
DOI: 10.25136/2409-7810.2020.3.34053
URL: https://en.e-notabene.ru/pm/article_34053.html
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Abstract: The research subject is the scope of criminal law principles with double prevention which prevent not only the acts directly prohibited by law, but also other, usually much gravier crimes. The author considers the existing approaches to the definition of the term and the legal essence of principles with double provision. It is noted that the conventional definition is not universal and doesn’t reflect the essence and the mechanism of the preventive action of the principles. In its turn, the insufficient knowledge of the mechanism of preventive action of the principles with double prevention hampers their differentiation and systematization. Using the method of systems analysis and structural-functional analysis as a basis, as well as the dialectical, logical and formal legal methods as additional methods, the author arrives at the conclusion about the existence of two types of legal principles with double prevention which differ in the specificity of the mechanism of preventive action. The first type of principles with double prevention is aimed at preventing criminal deformation of a person at the early stages, while the second one - on the neutralization of criminogenic situations. The author formulates the definition of principles with double prevention which reflects the specificity of the mechanism of preventive action, and systematizes them in order to analyze the practical implementation of principles with double prevention.
Chuklina E. —
Case law on criminal cases in accordance with Article 205.1 and 205.2 of the Criminal Code of the Russian Federation (on materials of the Southern District Military Court)
// Law and Politics. – 2019. – ¹ 12.
– P. 82 - 93.
DOI: 10.7256/2454-0706.2019.12.31628
URL: https://en.e-notabene.ru/lpmag/article_31628.html
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Abstract: The subject of this research is the specificity of the case law on criminal cases on involvement in terrorist activity, public calls to action of terrorist activity and propaganda of terrorism. The choice for the subject is justified by the unfolding discussion in the scientific community regarding the reasonableness of introduction of these norms. Analysis of the rulings allows establishing the following parameters, characterizing the current case law on crimes in accordance with Article 205.1 and 205.2 of the Criminal Code of the Russian Federation (CCRF): socio-demographic characteristics of the convict, prior charges, nature of crime, multiple counts, and sentence. Establishing these parameters can in turn be used to determine the existing problems of qualification of the studied crimes and development of solutions. The main conclusions of the conducted research consists in confirmation of the reasonableness of introduction into the Special Part of the CCRF of norms established by the Article 205.1 and 205.2 of the CCRF, since this legislative solution filled the previously existing gap in the part of arraignment for fruitless involvement and commission of crimes of terrorist nature, as well as material support of terrorist organizations.
Chuklina E. —
Situational prevention measures in the Russian theory of crime prevention
// National Security. – 2016. – ¹ 3.
– P. 338 - 346.
DOI: 10.7256/2454-0668.2016.3.19299
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Abstract: The subject of the research is the specificity of criminological measures of situational crime prevention from the perspective of a Russian crime prevention theory. The article is devoted to theoretical reflection on space situational crime prevention measures in the modern crime prevention system. The peculiarities of situational crime prevention, recognized as one of the most popular in the world of criminal acts prevention strategies, are reported. It also discusses the concept and types of crime prevention. Particular attention is paid to the study of the relation of situational prevention measures and special criminological prevention of crime. The main research method in the article served as a comparative analysis of the characteristics of situational crime prevention and modern national crime prevention. The author's special contribution into this research should be recognized as proof of the integration of situational preventive measures in modern crime prevention system. The scientific novelty of this study lies in the fact that for the first time carried out in full theoretical understanding of space situational crime prevention in the Russian crime prevention system.
Chuklina E. —
// Law and Politics. – 2014. – ¹ 8.
– P. 1117 - 1124.
DOI: 10.7256/2454-0706.2014.8.12555
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Chuklina E. —
// Law and Politics. – 2014. – ¹ 8.
– P. 1117 - 1124.
DOI: 10.7256/2454-0706.2014.8.42491
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