Sergeeva A.A., Sokolova E.V., Pitulko K.V. —
Qualification by the European Court of Human Rights of Degrading Treatments in Penitentiary Institutions
// International Law and International Organizations. – 2023. – ¹ 1.
– P. 88 - 96.
DOI: 10.7256/2454-0633.2023.1.40082
URL: https://en.e-notabene.ru/mpmag/article_40082.html
Read the article
Abstract: The authors examines the legal positions formulated by the European Court of Human Rights in relation to the compliance of Russian legislation and the practice of its application with the criteria of inadmissibility of cruel and humiliating treatment of convicts. Despite the termination of Russia's cooperation with European inter-state human rights bodies, the long experience of interaction with them has made it possible to identify certain shortcomings in the national penitentiary system and outline ways to eliminate them. A number of decisions of the European Court of Human Rights have been creatively interpreted in Russian legislation, and this has contributed to improving the legal status of persons sentenced to imprisonment. Based on a critical analysis of the key negative characteristics of the penal enforcement system, the authors identified the main directions of the impact of the decisions of the interstate human rights body on the formation of a new penal enforcement policy that contributes to improving the protection of the rights, freedoms and legitimate interests of citizens serving a sentence of imprisonment. To date, the relevance of this has remained, although the legal positions of the European Court of Human Rights are not and have never been sources of Russian law. The improvement of penitentiary legislation is a significant direction of the criminal policy of the state, therefore, the author's conclusions are of interest for rule-making activities.
Sergeeva A.A., Voskoboinik I.O., Gurev M.S., Gusenova P.A., Sokolova E.V., Martynenko S.B., Ryvkin S.Y. —
The Ministry of Internal Affairs of Russia as a Subject of Anti-corruption Counteraction: Management Decisions in the National Security System
// Security Issues. – 2022. – ¹ 4.
– P. 43 - 53.
DOI: 10.25136/2409-7543.2022.4.39109
URL: https://en.e-notabene.ru/nb/article_39109.html
Read the article
Abstract: The subject of the study is the legal support of the anti-corruption activities of the Ministry of Internal Affairs of Russia. In conjunction with the provisions of the National Anti-Corruption Plan for 2021-2024 and the general rules of strategic planning, the authors consider management decisions of an anti-corruption nature, the main priorities of the anti-corruption strategy and the specifics of its implementation. On the basis of a combination of general scientific and private scientific methods, the authors investigated the ratio of the general and special level of managerial anti-corruption decisions, revealed the features of the participation of the Ministry of Internal Affairs of Russia in combating corruption. A number of areas where these solutions are in maximum demand are identified, organizational, personnel and methodological solutions are differentiated.
The novelty of the study lies in the fact that the authors considered the preventive potential of law enforcement and control activities of the Ministry of Internal Affairs of Russia, proposed indicators for the development and implementation of anti-corruption management decisions, revealed the features of their structure. Combating corruption, identifying and eliminating the causes of its occurrence is included in the list of the main directions of crime prevention. The authors focus on the features of assessing and predicting criminogenic factors related to corruption manifestations. the application of special measures for the prevention of offenses in accordance with the norms of current legislation. The stages of adoption, execution and publication of the results of anti-corruption management decisions of the Ministry of Internal Affairs of Russia are highlighted.