The police and criminal procedure
Reference:
Khimedenova, D.N., Gorbacheva , T.I. (2025). Cryptocurrency as a criminal legal category in Russian law: concept, meaning and problems of legislative regulation. Police and Investigative Activity, 2, 1–9. https://doi.org/10.25136/2409-7810.2025.2.73682
Abstract:
The subject of the study of this article is the theoretical, legal and practical aspects of the analysis of cryptocurrencies used in the commission of certain types of criminal offenses, both financial and otherwise of various kinds within the framework of Russian criminal law policy. The purpose of the research is to characterize the current problems of understanding cryptocurrencies in the criminal law sense, as well as to develop a set of measures to improve current legislation in this area. The author characterizes the polysemantic essence of the term cryptocurrency itself, its volatility, and also proves the practical need to recognize cryptocurrencies as the subject and means of committing crimes. A significant theoretical and regulatory framework has been studied in the context under consideration. The author provides examples from Russian judicial practice to confirm his position. In this work, the method of system analysis, normative-legal, dialectical, statistical, logical, formal-legal and other methods that are widely recognized in modern legal science were actively used. The importance of using certain conceptual regulatory documents of regulatory branches of law, namely civil, banking and others, in the process of improving the current law, is emphasized for the process of proper qualification of certain types of criminal encroachments, illegal use of cryptocurrencies as a quasi-financial instrument. In order to form a uniform judicial practice, as well as eliminate existing contradictions, the author proposes updating the "basic legal structures" of the current regulatory legal acts of the Russian Federation and certain provisions in the Resolutions of the Plenum of the Supreme Court of the Russian Federation in the field of criminal analysis of cryptocurrencies in the mechanism of committing crimes, which together constitute the novelty of scientific research. The scope of the results provides for the possibility of practical use of the proposed recommendations in the process of improving current legislation.
Keywords:
property, fraud, financial transactions, digital currency, means of payment, theft, object of criminal encroachment, anonymity, crime, cryptocurrency
The police and criminal procedure
Reference:
Alekseeva, E.S., Labusova, L.E. (2025). The concept and role of the victim in the system of participants in criminal proceedings: a comparative legal analysis of the legislation of Russia and the CIS countries. Police and Investigative Activity, 2, 10–22. https://doi.org/10.25136/2409-7810.2025.2.73949
Abstract:
The object of the study is the social relations concerning the victim in the criminal proceedings of Russia and the CIS countries. The subject of the study is the norms of the criminal procedural legislation of Russia and the CIS countries that regulate the concept of the victim, their place among the participants in the criminal proceedings, and define the functions they perform during criminal case proceedings; also analyzed were scientific articles, monographs, and dissertations dedicated to the above-mentioned issues. The aim of the work is a comprehensive analysis of the norms of criminal procedural legislation of Russia and the CIS countries, on the basis of which the advantages and disadvantages of domestic legal regulation of the concept of the victim and their place in the system of participants in the criminal process are identified, and proposals for its improvement are formulated. The research methods used included dialectical, comparative-legal, inductive, and deductive methods. Together, they allowed for the study of the concept of the victim, their place among the participants in the criminal process, the comparison of existing approaches to definitions of the victim in the legislation of individual CIS countries, the identification of their positive and negative aspects, and, based on the findings of the research, the formulation and justification of conclusions. The scientific novelty of the research lies in the fact that the comparative-legal analysis of the legislation of Russia and the CIS countries allowed for a different perspective on the domestic legal regulation of issues related to the concept of the victim, highlighting both positive and negative aspects. The main conclusions of the research are: a proposal to improve the legislative definition of "victim" as enshrined in the Criminal Procedure Code of the Russian Federation by including a reference to the possibility of recognizing a person as a victim as a result of harm caused not only by a crime but also by a socially dangerous act that contains elements of a crime; a conclusion that the current classification of participants in the criminal process does not accurately reflect the existing state of affairs and, in particular, that the victim primarily performs not the function of prosecution but the function of protecting their interests; and a conclusion regarding the reasonableness and fairness of the contemporary legislator's approach that allows legal entities to participate in criminal proceedings as victims.
Keywords:
foreign experience, comparative analysis, procedural status, criminal prosecution, criminal procedure function, the prosecution, victim, adversarial principle, participant in criminal proceedings, criminal proceedings
The police and protection of human rights
Reference:
Yakovleva, E.O., Gorbacheva, T.I. (2025). Prospects for the use of artificial intelligence within the boundaries of privacy and security of cryptocurrency market participants. Police and Investigative Activity, 2, 23–38. https://doi.org/10.25136/2409-7810.2025.2.74021
Abstract:
The subject of the study is the dependencies, trends and key features of the turnover of cryptocurrencies as a separate phenomenon. The purpose of the study is to analyze the key features of the cryptocurrency turnover and the problems of their legal regulation, followed by the development of practical proposals for the prevention of cryptocurrency crime. The objectives of the research are: analysis of modern technologies related to cryptocurrencies; their features and degree of influence on financial markets; problems of prevention and legal regulation of cryptocurrencies in Russia. The object of research is formed by public relations related to the use of cryptocurrencies in the financial market. Cryptocurrencies represent one of the most significant phenomena in financial technology. In the context of globalization and digitalization, they provide new opportunities for transactions, investments and storage of funds. However, the rise of decentralized finance, anonymous wallets, and NFT scams has turned blockchain into a "new shadow" of the global economy. This confirms the importance of developing new techniques and means of preventive activities of law enforcement agencies. The methodological basis of the work is the method of dialectical cognition, thanks to which it was possible to study the object and subject of research in relation to the domestic criminal legislation and other normative legal acts. The theoretical and methodological basis of the research is various logical techniques and means of scientific knowledge, general scientific and private scientific methods: modeling, forecasting, formal legal. The novelty of the study is due to the analysis of modern official statistical data and materials of investigative and judicial practice on the state of cryptocurrency crime in Russia. The study of domestic legal acts in the field of the use of financial assets allowed us to conclude that the status of cryptocurrencies is uncertain. The authors summarize that cryptocurrency crime does not require prohibitions, but a rethinking of law, because it is not technology that poses a threat, but its exploitation in conditions of legal inequality. The main conclusions obtained by the authors relate to determining the financial characteristics of cryptocurrencies, their volatility, liquidity, and risk assessment of use. The trend of increasing demand for the integration of cryptocurrencies into traditional financial systems has been proven. The problems of legal regulation and regulatory consolidation of the concept of "cryptocurrency", including in domestic criminal legislation, are outlined. The main reasons for the spread of cryptocurrency crime and the prospects for preventive activities of investigative authorities based on the capabilities of artificial intelligence have been identified.
Keywords:
investigative activities, finance, prevention, security, economics, blockchain, bitcoin, crime, cryptocurrency, artificial intelligence
Legal commentary
Reference:
Serenko, R.S. (2025). Exemption from Criminal Liability: History of the Formation and Development of the Institution in Domestic Law, Current State, and Development Prospects. Police and Investigative Activity, 2, 39–59. https://doi.org/10.25136/2409-7810.2025.2.74293
Abstract:
The article examines the institution of exemption from criminal liability in Russian law, its historical evolution, and current state. This institution is considered a key element of criminal policy, ensuring a balance between the inevitability of punishment and the principles of humanism. The main object of the study is the regulatory legal acts that govern the grounds for exemption from criminal liability in domestic law. The analysis covers a wide historical period: from ancient Russian legal monuments to contemporary legal sources. The subject, in turn, is the institution of exemption from criminal liability itself, as an independent legal mechanism in its evolution, key principles, and practical significance for criminal law. This institution is examined from several aspects: normative, functional, and historical-legal. The methodological foundation of the work is a historical-legal analysis that combines comparative legal and formal-legal methods. This approach allows for tracing the continuity of legal norms, identifying the patterns of the development of the institution, and its interrelation with changes in public consciousness and government policy. The scientific novelty of the research lies in the comprehensive historical-legal analysis of the evolution of the institution of exemption from criminal liability in Russian legislation from the 11th century to the present, which has allowed the identification of four distinctly marked stages of its development and the tracing of its transformation from archaic forms of royal pardon to the modern system of differentiated legal mechanisms. Particular value is placed on the analysis of the less-studied aspects of the emergence of this institution in ancient Russian law, as well as the study of the continuity of legal approaches between the pre-revolutionary, Soviet, and modern periods. In the future, the further development of the institution is linked to adaptation to new challenges, including the digitization of crime and the transformation of economic offenses. An important task remains the search for an optimal balance between repressive and restorative measures, which requires a balanced approach from the legislator and scientific reflection on the proposed changes.
Keywords:
Criminalization, History of the Institute of Law, Special grounds for exemption, Grounds for release, Criminal liability, Humanization of criminal policy, Evolution of criminal legislation, Historical and legal analysis, Institute of Criminal Law, Release from criminal liability
The police and issues of the fight against terror and extremism
Reference:
Khimedenova, D.N., Bukalova, M.A., Galaeva, L.M. (2025). The death penalty as a tool in the fight against terrorism: international experience and Russian practice. Police and Investigative Activity, 2, 60–70. https://doi.org/10.25136/2409-7810.2025.2.74435
Abstract:
The subject of this research is the institution of the death penalty as a specific tool against terrorism in the modern legal landscape. The authors conduct a comprehensive analysis of the legal nature of the highest measure of punishment and its application to terrorism-related crimes, considering this institution of criminal law in the context of international human rights standards and national legal systems. Central attention is given to the key contradiction between the necessity of protecting society from terrorist threats and the obligations to uphold fundamental individual rights. Special emphasis is placed on the study of international legal standards and their relationship with national legal systems, including the Russian legal specificity with its current moratorium and discussions about its possible revision. The analysis covers both normative aspects and the practical application of relevant provisions, allowing for the identification of contemporary trends in the development of anti-terrorism legislation. The work presents a comparative analysis of law enforcement practices in various countries, including those that maintain the death penalty (Iran, the USA, China) and those that have abolished it (EU), as well as an analysis of foreign legislation, judicial practices, and statistical methods. The scientific novelty of the research lies in the development of a comprehensive approach to assessing the effectiveness of the death penalty as a means of combating terrorism, based on an analysis of contemporary legal trends and criminological data. The authors examine the issue of judicial errors in terrorism cases for the first time through the lens of the specifics of anti-terrorist activities, where a lack of information is combined with the necessity for prompt responses. The analysis conducted allows for the conclusion that an effective anti-terrorism policy should be based on a balanced combination of strict punitive measures with preventive programs and international cooperation. In this regard, the adherence to legal guarantees and humanitarian principles takes on special significance, which is particularly relevant in the context of discussions about the application of exceptional punitive measures. For further research, a promising direction will be the development of quantitative methods for assessing the impact of alternative penal measures on the level of terrorist threats, as well as the analysis of social and economic factors contributing to radicalization. This will allow for a shift in the discussion of the death penalty to the realm of empirically justified decisions.
Keywords:
anti-terrorist policy, legal systems, criminal punishment, human rights, international law, terrorism, humanization of punishment, death penalty, countering terrorism, moratorium