The police and issues in the fight against corruption
Reference:
Bukalerova L.A., Serous A.V.
Great Britain’s and the USA’s experience in combating bribery of foreign public officials and the officials of a public international organization
// Police and Investigative Activity.
2019. ¹ 1.
P. 1-7.
DOI: 10.25136/2409-7810.2019.1.29057 URL: https://en.nbpublish.com/library_read_article.php?id=29057
Abstract:
The authors consider the peculiarities of combating bribery of foreign public officials and the officials of international public organizations in the USA and Great Britain. The authors find out that responsibility is imposed for bribery of a foreign official per se and of politically exposed persons who do not hold a public office at the moment but can use their political influence in favour of a briber. Therefore, bribery can be aimed at any other person if it is reliably known that the whole bribe or its part will be taken by these officials or politically exposed persons. The authors use the methods which are the evolution of scientific research methods known in and tested by the legal science. They ensure the reliability of the acquired results. Based on the research and the study of foreign experience and international documents, the authors clarify the characteristics of the crimes in question. The authors conclude that the in the Anglo-Saxon legal system, the lawmaker has implemented the basic international standards in the field of responsibility for bribery of foreign public officials and the officials of public international organizations. Particularly, the law system establishes responsibility for both active and passive bribery of such persons in particular legal regulations; besides it formalizes the responsibility of legal entities in this field.
Keywords:
responsibility, foreign official, criminal law, subject, bribery, legal entities, jus gentium, corruption, officials, implementation
Monograph peer reviews
Reference:
Dubovik O.L., Averina K.N.
At the confluence of Criminal law and the Law of action: substantive and procedural problems
// Police and Investigative Activity.
2019. ¹ 1.
P. 8-22.
DOI: 10.25136/2409-7810.2019.1.23765 URL: https://en.nbpublish.com/library_read_article.php?id=23765
Abstract:
The review characterizes the content of articles published by Polish, American, German, Bulgarian, and Czech specialists in the field of criminal law and proceedings, criminal science, the law of action and other legal branches devoted to the 70th anniversary of the rector of the University of Wroclaw, professor Mark Bojarski. The information about the criminal legal aspects of responsibility for actions shows that the models for codification of such provisions and the models for typification of infringements on the protected legal advantages are fundamentally different in different countries. Unlike the situation in Russia, where criminal law and administrative law are codified (the Criminal Code and the Administrative Offences Code, and the laws of Russia’s territorial units), in most other countries, together with criminal codes (laws), regulating the responsibility for crimes and actions, laws and other legal acts exist containing the compositions of crimes and malefactions and offences, and malefactions are considered as criminal offences (in Poland, France, etc). The authors use such research methods as dialectics, deduction, induction, and the comparative-legal method. The review reflects the estimations of the current state of the legislation, its gaps and drawbacks, the experience of reforming criminal responsibility, the arguments in favour of law-making decisions and particular disputable issues. The article represents the snapshot of the current state of legal thought focused on the problem of combating crime and offences and overcoming their socially detrimental consequences. The authors discuss theoretical background for searching for the criteria to differentiate crimes, malefactions, administrative delicts, and for creating the system of sanctions.
Keywords:
codification, malefaction, fine, penalty, sanction, crime, offence, responsibility, law, public danger
The police and protection of human rights
Reference:
Sabatov S.A.
Failure to report a crime in the legislation of foreign countries
// Police and Investigative Activity.
2019. ¹ 1.
P. 23-28.
DOI: 10.25136/2409-7810.2019.1.28719 URL: https://en.nbpublish.com/library_read_article.php?id=28719
Abstract:
In 2016, the Criminal Code of the Russian Federation was amended with a new article 205.6 “Failure to report a crime”. It establishes responsibility for failure to report a person (persons) who have committed terrorist crimes. The failure to report a crime institution is a new one for the legal framework of modern Russia. However, it has been successfully functioning in some foreign states for a long time. The article studies the legislation of foreign countries establishing criminal responsibility for failure to report a crime. The main purpose of the research is to study the experience of this institution in some foreign states. The research methodology is based on the formal legal method, comparative-legal method, historical method and general logical methods of cognition, particularly, analysis, synthesis, induction and deduction. Scientific novelty of the research consists in complex analysis of the legislation of foreign countries influencing the international law, and the author’s recommendations to amend the list of such crimes. Failure to report a crime is contained in the legislation of many countries, regardless of the legal framework. Their only difference from this institution in Russia is the category of criminal actions within its scope.
Keywords:
foreign states, legal system, criminal law, misprision of treason, misprision of felony, failure to report a crime, crime, complicity, punishment, terrorism
The police and protection of human rights
Reference:
Slavova N., Chvyakin V.A.
Legal socialization of teenagers in terms of moral education as a principle of forming their legal culture
// Police and Investigative Activity.
2019. ¹ 1.
P. 29-37.
DOI: 10.25136/2409-7810.2019.1.28804 URL: https://en.nbpublish.com/library_read_article.php?id=28804
Abstract:
The research subject is the process of teenagers socialization in terms of moral education as the principle of forming their legal culture. The authors consider teenagers’ legal culture taking into account the peculiarities of their socialization in terms of moral education. The authors give attention to the study of the peculiarities of teenagers’ temper, the incidence of accentuation of personality traits and aggressive traits, taking into account their self-esteem and aspirations. The authors substantiate the essence of teenagers’ legal nature as a regulator of moral guides. The study is based on the law culture theory and the principles of formation of a person’s legal culture during their socialization. The authors use Schmieschek questionnaire to reveal the structure of accentuation of personality traits and Buss-Durkee Hostility Inventory. To evaluate the self-esteem level and the level of aspirations, the authors use Dembo-Rubinstein scale. The authors use percentage calculation to process statistical data. Scientific novelty of the study consists in detecting the structure of psychological peculiarities in order to estimate the level of teenagers’ legal culture. The authors detect the largest concentration of accentuations defining temper as energetic, dynamic, excitable and uncontrollable, which is a sort of the first risk zone for legal socialization 24% of teenagers tend to demonstrate the signs of indirect aggression: soreness (9%), suspicion (5%) and verbal aggression (10%). The authors note the growth in the number of verbally aggressive girls which is the sign of the low level of legal culture Most teenagers have medium and high levels of self esteem. They also have medium and high levels of aspirations, which is the factor of balanced development and legal activity of a person.
Keywords:
The level of claims, Self-assessment of personality, Accentuation of character, Character, Spiritual and moral education, Legal socialization of adolescents, Legal culture, Anti discipline, Aggressiveness, Selfishness
The police and protection of human rights
Reference:
Panshin D.L.
Road and traffic safety of minors: victimologic dimension of statistics in Russia in 2010 - 2015
// Police and Investigative Activity.
2019. ¹ 1.
P. 38-43.
DOI: 10.25136/2409-7810.2019.1.29010 URL: https://en.nbpublish.com/library_read_article.php?id=29010
Abstract:
The research subject is the situation with road and traffic injuries to minors in Russia in 2010 - 2015. The research object is the objective data about the number of minors injured in road accidents and the gravity of their consequences. The author considers correlational changes of data about road accidents with children-passengers and children-pedestrians. The author contains comparative analysis of causes and conditions of a road accident and its influence on the gravity of injuries. The paper contains system analysis of official statistical rates of the condition of road and traffic safety of minors in 2010 - 2015. Analysis of causes and conditions of road and traffic safety of minors is still the basis of ensuring children’s safety on the roads of the country. The effectiveness of the measures taken to a large extent depends on focused and targeted preventive measures. The measures aimed at preventing road injuries should be based on profound victimologic research which would promote effective road safety ensuring.
Keywords:
dynamics, motor, education, conditions, reasons, vikimnost, victimology, crime, sacrifice, mortality