Abstract: The subject of this research is the legal norms on the status of underage parents. Custody of a child of underage parents is regulated by special rules in Russia and abroad. The Russian legal model of child custody of underage parents is yet to be established. Unlike the countries of Germanic legal group (Germany, Switzerland, and Austria), the legislation of which features detailed description of the legal status of underage parents, the Russian legislation requires further improvement in this regard. Application of the method of comparative jurisprudence allowed determining the common and distinctive characteristics in the legal status of underage parents in German, Austrian, Swiss, and Russian legislation. The common feature for all aforementioned legislations consists in automatic removal of custody of a child of an underage parent when such parent attains the age of majority. In the author’s opinion, the best model of child custody (with regards to a child of underage parents who have reached the age of 16) is German model: an underage parent with partial civil capacity and a guardian both have rights to participate in parenting of a child, while guardian is the only legal representative of a child of an underage parent (in case if a child has no parents of the age of majority).

Keywords: guardianship, Austrian legislation, actual care, Swiss legislation, parental care, German legislation, civil legal capacity, minor parents, Russian legislation, parental rights

Abstract: The object of this research is the process of victimization of population of the Russian Federation from Internet fraud in the period from 2010 to 2019. The subject of this research is a number of criminological indicators that characterize the dynamics of victimization and criminal victimization. Using the empirical data, the author determines the actual number of the Internet fraud victims; built a retrospective model of development of this process based on calculation of the average annual rate of growth; increases awareness on the dynamics of the number of victims until 2013. The conclusion is made on the growing scope of victimization, which according to the data of assorted research of 2013-2019 carries an exponential function. Each three years the total number of victims doubles, which continues to grow since 2012 (associated with the reform of criminal legislation aimed at identification of the additional types of fraud using computer technologies). This pattern was used for structuring the projection models of victimization of users of the Russian segment of the Internet until 2021 (inclusively). The results of additional assorted research of 2020 demonstrate that only in 20% of cases the damage from Internet fraud exceeds 1,000 rubles. In accordance of the principle of recurrence of the Internet fraud, the structure of victimization is as follows: 52% are the victims of such crimes in recent year; 1/3 of respondents were the victims in previous years, but not in recent year; and only 13% became the victims in past years and recent year.  

Keywords: Internet, crime, dynamics, victim of crime, victimization, victimology, criminology, fraud, computer crime, survey

Abstract: The subject of this research is the phenomenon of archaization of legal form, which is reflected multiple modern legal systems, including the legal system of modern Russia. The author believes that the state of current Russian legal order testifies to the downfall of one of the declared goals of Russia’s policy of the last three decades – establishment of the so-called rule of law; while the general academic theory of law has not yet formulated a precise understanding of the corresponding processes, as fearing to go beyond the scope of certain ideological boundaries, it first and foremost deals with the formally due than with actually essential. Archaization in the legal systems of modern countries is the revival of the forms of law, legal practice and legal consciousness that are inherent to the pre-capitalist societies. The thesis is substantiated that the process of archaization of law and legal form as a whole, should be considered as one of the objectively determined development patterns and functionality of the societies of dependent peripheral capitalism. The article reviews the objective prerequisites for this phenomenon: its conditionality by socioeconomic relations (preservation of the elements of other production methods in terms of peripheral capitalism), inequality in distribution of the key social resources, and specific social-class structure of the corresponding societies. The general definition of archaization of legal form acquires more precise contours when the author turns to the realities of modern Russian legal order.

Keywords: social inequality, legal consciousness, legal ideology, customary law, peripheral capitalism, capitalism, the rule of law, legal order, archaization of law, socialism

Abstract: This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

Keywords: participant in criminal proceedings, investigator, lower-level prosecutor, prosecutor, higher prosecutor, criminal proceedings, consideration of complaints, consideration of requests, organization of work, prosecutor's office

Abstract: The subject of this research is the norms of international and domestic legislation on state (municipal) procurement and corruption prevention, as well as the scientific works on the determinants of corruption crime in this field. The goal consists in identification of the subjective and objective determinants of corruption crime in the area of state and municipal procurement. The author sets a task to analyze and generalize the established within scientific literature approaches towards explanation of the determinants of corruption crime in the indicated sphere, as well as to systematize such determinants by content and origin. The scientific novelty consists in systematization and generalization of scientific knowledge on the determinants of corruption crime in the area of state (municipal) procurement. The author explores subjective and objective determinants of corruption crime in this field, and based on their content, reveals the socio-psychological, socio-economic, political, legal and organizational-administrative determinants of corruption crime in the area of state (municipal) procurement. The conclusion is made that due to continuous reform in the corresponding legislation in this area, as well as the instability of socioeconomic situation for ensuring the prompt adaptability of the system of corruption prevention in area of state (municipal) procurement, it is necessary to provided regular monitoring of the determinants of such type of crime.

Keywords: state procurements, corruption crime, corruption, crime, factors, conditions, causes, determinants, municipal procurements, prevention

Abstract:   The object of this research is public relations established within the framework of commission of unlawful actions in case of bankruptcy of a citizen (the Article 195 of the Criminal Code of the Russian Federation). The subject of this research is the norms set by the Article 195 of the Criminal Code of the Russian Federation, Chapter X of Bankruptcy Act, case law, resolution of the Plenum of the Supreme Court of the Russian Federation on bankruptcy of the citizens, scientific works on the topic. The goal of this article consists in formulation of the scientifically substantiated recommendations for improving criminal legislation provisions that establish responsibility for committing unlawful actions in case of bankruptcy of a citizen, as well as their practical implementation. The scientific novelty consists in differentiation of the unlawful actions in case of bankruptcy of a legal entity, individual entrepreneur, and a citizen who does not have the status of an individual entrepreneur, based on the fact that these actions impinge on various public relations. Unlawful actions in case of bankruptcy of a citizen are viewed as separate offence. An original definition of the direct object of unlawful actions in case of bankruptcy of a citizen is provided. In accordance with bankruptcy law and acts of its interpretation the author determines substantial differences between the content of constituent elements of the object, actions and circumstances of unlawful actions in case of bankruptcy of a citizen established by the Parts 1 and 3 of the Article 195 of the Criminal Code of the Russian Federation and the wrongful actions in case of bankruptcy of the legal entity. Specific recommendations are formulated on introducing amendments to the Part 2 of the Article 195 of the Criminal Code of the Russian Federation. Leaning on the analysis of statistical data and case law, the author concludes on the need for adopting a resolution of the Plenum of the Supreme Court of the Russian Federation on criminal bankruptcies, the draft of which may take into account the results obtained in this research.  

Keywords: object of crime, criminal liability, qualification of crimes, insolvency, criminal bankruptcy, individual bankruptcy, bankruptcy, consumer bankruptcy, financial manager, economic crimes

Abstract: The subject of this research is the norms of criminal procedure legislation regulating the application of preventative measures in criminal proceedings, as well as court decisions made on the basis of the results of processing applications on selection of preventative measures. Based examination of law enforcement practice, the expert observations and proposals in scientific literature, the author carefully analyzes the flaws of the current system of preventative measures in the criminal procedure, problematic aspects of correlation of restriction of certain actions, collateral, house arrest, as well as separate restriction, imposition of which upon a suspect (accused) is allowable in accordance with Part 6 of the Article 105.1 of the Criminal Procedure Code of the Russian Federation. The conclusion is made that the current system of preventative measures is not perfect, and practical application of various preventative measures reveals the formality of the established hierarchical structure of preventative measures in the criminal procedure legislation from soft to a more strict form. Analysis of case law demonstrates the it is often impossible to clearly and unambiguously demarcate the measures of prevention on form of a restriction of certain actions and collateral, restriction of certain actions and house arrest, which leads the author to conclude on the reasonableness of regulation of restriction of certain actions as another form of procedural compulsion.

Keywords: prohibitions, prohibition of certain actions, pledge, house arrest, preventive measures, criminal proceedings, procedural compulsion, suspect, accused, judgment

Abstract: The object of this research is the question of criminal liability of a legal entity for corruption crimes. The subject of this research is the theoretical views of the scholars upon legal nature of a legal entity, as well as the experience of foreign countries in which legal entity is a subject of criminal liability. The author explores the field experience of foreign countries, in which legislation establishes the institution of collective liability for socially dangerous acts committed by private entities. The article also analyzes different perspectives of Russian scholars upon the nature of collective institution and its vicarious liability for the acts of private entities. The scientific novelty consists in turning attention to the fundamentals of the theory and other branches of law, in which a legal entity is full subject of legal relations, and along with the rights and responsibilities, possesses a tort law’s capacity. It is concluded that legal entity has all essential characteristics of the subject of law for its recognition as a subject of criminal liability. The author also notes the effectiveness and necessity of the institution of legal liability of a legal entity in the national legislation as a productive criminal law instrument for countering corruption.  

Keywords: international obligations of the state, legal entity's will, fiction theory, anti-corruption, collective education responsibility, criminal subject, legal entity, the fault, legal entity fault, guilty harm

Abstract: This article makes emphasis on critical analysis of the concept establishing legal consequences of the institution of criminal record with imposed corrective measures, set by the criminal law of the Republic of Belarus, for the purposes of resolving the question of its possible implementation in the Russian criminal legislation. The subject of this research is the separate positions of the criminal law of the Russian Federation and the Republic of Belarus regulating the institution of compulsory corrective measures alongside application of norms comprising this institution by the courts of these states, as well as scientific views of the Russian and Belarus doctrine dedicated to the indicated institution and the order of its implementation and consequences therein. The author provides critical analysis to the legislative construct of application of compulsory measures in the criminal law of the Republic of Belarus as theoretical-legal[WU1] , hence the hypothesis on the need to establish the consequences of criminal record in imposition of compulsory measures did not find its approval. Moreover, considering the analyzed positions of the concept, the author brings to discourse the proposal on establishing preventative control after serving the compulsory correctional sentence that would not result in criminal record; as well as on potential implementation of the experience of Belarus pertaining to legal regulation of the order of imposing compulsory measures.  [WU1]

Keywords: condemnation mode, preventive control, legal regulation, juveniles, criminal record, post-Soviet countries, the Criminal Code of the Russian Socialist Republic, exemption from punishment, exemption from criminal liability, compulsory measures

Abstract: This article dedicates special attention to the analysis of possibilities and directions of implementation of the most successful legal techniques pertinent to regulation of the terms of serving sentences in form of corrective labor without of isolation from society for the purpose of improving the system of national legislation in this regard. The subject of this research is the norms of the Russian criminal and penal law, as well as the criminal law provisions of Austria, Israel, China, Lithuania, Latvia, Belarus, Bulgaria, Kazakhstan, Serbia, Federative Republic of Germany, France, Switzerland, Sweden, South Korea, and Japan. The scientific novelty of the conducted research consists in the fact that in searching the new vectors of modernization of carrying out sentences in form of corrective labor in Russia, the author assesses the possibilities of reception of certain provisions of foreign legislation on the terms of serving various types of sentences in form of corrective labor without isolation from society. The main conclusion related to the suggestions on reception of the provisions of foreign criminal laws contributing to the following aspects: detailed consideration of personality traits of the convicts; establishment of additional criteria in making decisions on substitution of correctional works in cases of willful evasion of the convict from their fulfilment with other types of sentences; resolution of the questions of organization of the work of local self-government in the process of determining the place of corrective labor for the convicts.

Keywords: resocialization, humanization, imprisonment, foreign legislation, convicted defendant, labour, fine, community service, corrective works, probation department

Abstract: This article explores the wide spectrum of scientific approaches towards the problem of classification and modernization of the system of white-collar crime in accordance with the law of the Russian Federation, formulated by modern doctrine of criminal law. The problem consists in the absence of sufficient depth of scientific analysis of the criterion for systematization and practical implementation of the norms on white-collar crimes as a whole and in their variety. The author studied the research pointing to the gaps in the legislative regulation in this area. Attention is paid to the lack of theoretical work in this field, with separate attention devoted to the law enforcement work. It is demonstrated that the current legislation does not fully cover all areas of life of the society and the state, which are the objects of the criminal infringement, and needs improvements. The author is convinced that study of the classification of white-collar crime is absolutely necessary, as the doctrinal context it allows systematizing their characteristics and legal ramifications of their committal. The scientific novelty of this research consists in author’s proposal of an original model for optimization of the system of criminal legal norms on white-collar crimes, as well as formulation and substantiation of the changes needed in the current criminal legislation.

Keywords: alternative official structures, special structures, general structures, design features of the composition, special subject, official, official crimes, classification of official crimes, optimization, modernization

Abstract: This article is devoted to the issue of delineation of illegal export and crimes in the area of intellectual property, in cases where the object of illegal export is the scientific-technical information. The problem consists in the fact that scientific-technical information can be the result of intellectual activity, particularly when it can greatly impact development of weapons of mass destruction, means of their delivery, other types of munitions and military technology, as well as products that can be used in preparation and/or commissions of terrorist acts. The positions of this article are substantiated by the analysis of case law. Based on the conducted research the author concludes that there is absence of collisions between the norms on crimes in the sphere of intellectual property and illegal export. In the cases where the culprit simultaneously violates the rules of export control and intellectual rights, the act should be classified as multiple counts of crime as established in the Article 189 of the Criminal Code of the Russian Federation, as well as one of the Articles on crimes in the area of intellectual property. This work is prepares within the framework of requirements for the university grant competition of the Ilya Ulyanov State Pedagogical University.

Keywords: scientific and technical information, intellectual rights, intellectual property protection, export control, criminal law, illegal export, intellectual property, intellectual property infringement, intellectual piracy, national security

Abstract: Openness in the work of state and municipal authorities and organizations is one of the basic principles in corruption prevention. The subject of this research is the normative acts and local normative acts that regulate the transition from paid to free education. Special attention is devoted to the analysis of the extent and accessibility of corresponding information on the official websites of federal universities. In the aspect of determination of anticorruption reserves, the research examines the state of the information, procedural and participative openness of this transition (on the example of federal universities). The conducted research allows concluding that federal universities generally ensure openness in the procedure of transitioning from paid to free education. At the same time, some colleges initiatively strive to provide full range of information needed for the students to transition to the free education. The level of procedural and participative openness differs from university to university.

Keywords: pocedural openness, information openness, openess, prevention, free education, paid education, education, corruption, participation openness, anti-corruption transparency

Abstract: The subject of this research is the validity and conditionality of criminal legislation prohibitions, elements of offences, norms of criminal law, and other criminal law and criminal legislation constructs; theory of criminalization and penalization; criminal law-making theory; and legal argumentation. The article is dedicated to comprehension and interpretation of criminal law terminology (validity of the construct, conditionality of the construct, social conditionality of the construct, effectiveness of law enforcement, and other). This comprehension is educed from the extensive context of criminal law literature; the definition of terms is conducted in accordance with the theoretical-legal and criminal-legal understanding of stages and elements of the mechanism of legal regulation. Reference to the context of criminal law literature along with consideration of the logical-philosophical, theoretical-legal and criminal-legal perspective allowed presenting an original view on the subject matter, as well as propose grounds for validating and conditioning the construct. The obtained results may be applies in legislative and expert activity.

Keywords: conditioning of construct, grounds of construct, grounding of construct, legal argumentation, conditionality of construct, validity of construct, criminal law constructing, conditions of constructing, criminal law construct, enforcement efficiency

Abstract: This article explores the problems associated with the prosecutor’s response to violation of law committed by the bodies of inquiry and preliminary investigation in pretrial investigation of a criminal case. The conclusion is made on impossibility of introducing the prosecutor’s requirements on elimination of such violations prior to initiation of criminal investigation. The analysis of legislation demonstrates that such act of prosecutorial supervision as representation on prevention of legal violation cannot be applied in the criminal procedural sphere, although it is frequently applied in practice as demonstrated by the statistics. The author draws the conclusion on introducing certain amendments to the Criminal Procedural Code of the Russian Federation, as well as to the Federal Law “On the Prosecutor’s Office of the Russian Federation”. It is suggested to exclude the requirement on prevention of legal violations, replacing it with the more universal concept, which in terms of its consolidation in the Criminal Procedural Code of the Russian Federation can be put forth not only in a specific criminal case, but also serve other purposes: elimination of causes and conditions contributing to violation of law, bringing to justice the official violating the law, elimination of the group of violations of procedural law, determined by the prosecutor in various cases.

Keywords: acts of prosecutorial response, the Prosecutor's response, pre-trial proceedings, bodies of preliminary investigation, prosecutorial supervision, prosecutor, criminal proceeding, criminal case, criminal trial, Prosecutor's request

Abstract: The subject of this research is the changes that took place in law enforcement practice due to introduction in 2011 of the new revision of the Article 20.4 “On Violation of Fire Prevention Rules” of the Code of the Russian Federation on Administrative Offenses. The article presents the results of computational experiment conducted for the purpose of development and testing of high-performance software based on the intellectual analysis and computer-assisted learning that improves understanding of the new legal phenomena and processes associated with the impact of legislation upon law enforcement practice. For solving the research objective. For solving the research problem, the author uses the data of the State Information System “Justice” related to 56,500 orders on imposition of administrative punishment in accordance with the Article 20.4 of the Code of the Russian Federation on Administrative Offenses for the period of 2010-2017. The author extracts and factorizes the necessary data; JSON data was converted using the algorithm in MapReduce paradigm for the models of factorization and learning. As a result of computer-assisted learning, was obtained the “tree of decisions”. On the “tree of decisions” it is demonstrated that middle of 2011 marks qualitative improvement in judicial practice, which became more uniform and logical; as well as in the context of imposing administrative punishment, the court started using standard circumstances of the case. The more efficient revision of the Article 20.4 of the Code of the Russian Federation on Administrative Offenses allowed in a midterm period to enhance the rule of law in the area of satisfying formalized requirements to ensuring fire safety, by reducing the number of cases from 2012 to 2017 by more than 10 times. The author empirically substantiates the working version of the method of analysis and assessment of qualitative changes in legislation and law enforcement practice based on the computer-assisted learning technique in form of “tree of decisions”.

Keywords: computational methodology, computational experiment, big data, machine learning, intellectual analysis, administrative liability, digital state, artificial intelligence, law, fire safety

Abstract: The subject of this research is the legislation of the Russian Federation on countering corruption, bylaws and departmental normative legal acts containing provision on corruption prevention, materials from the legal precedent, as well as the works of the national experts on criminology and criminal law. The article explores the approaches towards determination of the role and place of anti-corruption programs within the system of counteracting corruption, and analyzes its current state. Special attention is given to the characteristics of the object, subjects, and corruption prevention measures in the area of education. The author comes to the conclusion that anti-corruption programs has its peculiarities with regards to education management system and organization of educational activities. At the same time, within the framework of education management system, it is characterizes by the uniform, consistent and centralizes work of the authorized subjects on corruption prevention. While in the field of organization of educational activity, there is no systemic precautionary approach. The author believes that for improving the efficiency of anti-corruption programs in educational institutions it is necessary to determine the basic conceptual directions, provide methodological support along with coordination of this activity by the government and municipal authorities that control the sphere of education.

Keywords: education, offense, crime, criminality, fight, prophylactic, prevention, counteraction, corruption, educational institution

Abstract: This article is dedicated to determination of range of the elements of crimes in the area of criminal law protection of intellectual property. The author comes to a conclusion that the object crime and the object of criminal law protection in the area of intellectual property do not always align. Based on this, the author suggest to classify the elements of crime into three groups: aimed directly at the protection of intellectual property (object of a crime and object of protection align); aimed at the protection of intellectual property indirectly (rightsholder is the object of protection, rather than the object of crime); and those aimed at the protection of intellectual property intermediately (rightsholder is not the object of protection or crime). The scientific novelty first and foremost consists in substantiation of the position that the general prevention of crime in the area of intellectual property is realized not only through direct criminal law prohibition, but also indirectly. In the case of the latter, this refers to the elements of crime, when the rightsholder is either the object of protection, but not the object of crime; or is neither.

Keywords: criminal law, criminal liability, object of protection, crime object, rightholder, criminal law protection, intellectual property, Corpus delicti, crime classification, economic crimes

Abstract: The subject of this research is the content of the concept of “special circumstances” in the activity of internal affairs bodies. The author carefully examines the various definitions of the term “special circumstances”, as well as proposes the original approaches towards its comprehension. Within the framework of meaningful approach for understanding special circumstances as an objective characteristics of the activity of internal affairs bodies, the article suggests the term “special circumstance of the activity” and its definition in the broad (non-normative) and narrow (normative) sense. In the context of procedural approach, characterized by understanding special circumstances as a special institutional regime of the activity of internal affairs bodies, the author proposes the term “regime of special conditions” and formulates its definition. The scientific novelty consists in clarification of the conceptual and categorical framework in the area of law enforcement activity. The research results carry theoretical-applied character and may be used by the authorized subjects in development of the regulatory acts, as well as further research on the topic.

Keywords: special legal regime, police officer status, state of emergency, crisis situations, special conditions, extreme situations, extraordinary circumstances, terminology, internal Affairs bodies, regime of counterterrorist operation

Abstract: The subject of this research is the criminal law standards establishing the rules for classification of crimes in cases when the subject of crime misestimates such factual circumstance of the committed act as the age of a victim. The author examines possible approaches towards the classification of crimes in situation, when prior knowledge of the age of victim serves as a qualification factor. The article also covers the questions of criminal policy with regards to protection of the minors from criminal violations in the case of inability to establish the prior knowledge of the victim’s age by the offender. The scientific novelty consists in suggestion of the new approach towards formulation of the elements of crime, in which the victim’s age is a criminally relevant factor that would ensure due protection of the minors, but does not contradicts the principle of subjective imputation. The main conclusion lies in the statement that the enhanced responsibility must be established for committing a crime, when the offender is now well aware of the age of the victim, but the latter yet had not attained certain age.

Keywords: age of victim, childhood protection, subjective liability, sexual crimes, aggravating circumstances, crime victim, minors, age, age of consent, factual mistake

Abstract: The object of this research is the social relations in the area of execution of criminal sentences not related to isolation of prisoners from society. The subject of this research is the norms of criminal and penal law regulating the types of criminal sentences and procedure of serving  them. Attention is turned to the fact that the current system does not fully resolve the goals of the correction of convicts, prevention of commission of new crimes by them, as well as restoration of social justice. It is necessary to make the system more logical, eliminate duplication of separate types of punishments, and improve their organization and execution. The scientific novelty of this study consists in determination of the problems in the legal regulation and law enforcement practice in execution of punishments unrelated to isolation of inmates from society. The research particularly reveals duplication of types of punishments with regards to incarceration and irrationality of their structure within the system of punishment depending on the punitive effect. The author proposes making an accent on the execution of punishment in form of fines and mandatory community service as the main types, and incarceration as an additional form of punishment.

Keywords: forced labor, correctional labor, fine, mandatory work, punishment targets, criminal penalties, penal system, correctional center, criminal law, penal policy

Abstract: The subject of this research is the penal characteristics of an individual sentenced to imprisonment. The object of this research is the social relations emerged in the process of determining penal characteristics of an individual sentenced to imprisonment. The goal is to conduct a comprehensive analysis of penal characteristics of a convict and suggestion of solutions to the problem in the indicated area of scientific knowledge. The main objectives of the study are: definition of the concept of penal characteristics of a convict; consideration of various approaches of penal law scholars towards the problem of penal characteristics of a convict; suggestion of the original model for determining penal characteristics of a convict. In the course of this research, the author develops the conceptual theoretical model of penal characteristics of a convict, which carries an applied character and can be used in taking a special census of convicts sentenced in 2018-2019. The obtained conclusions can be valuable for the employees of correctional facilities of penal system, as well as further scientific research on the topic.

Keywords: progressive system, deprivation of liberty, concept, model, census of convicts, penitentiary crimes, characteristics, personality of a convict, extent of correction, attestation of a convict

Abstract: The object of this research is the social relations with regards to criminal legal regulation of composition of crime stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin according to the Article 191.1 of the Criminal Code. The subject of this research covers the norms of the current Russian legislation establishing legal and administrative liability for illegal trade of timber, as well as norms of Russian legislation pertaining to other regulatory branches of law, and decrees of the President of the Russian Federation. The goal of this work lies in studying the details of the content of the Article 191.1 of the Criminal Code, and conducting comparative analysis of the norm of criminal law stipulating liability for acquisition, storage, transportation, processing for the purpose of sale and sale of timber that is known to have illicit origin, as well as the norms of administrative law that regulate similar situations. The research allowed determining the distinctive elements of the compositions, which in turn allows the law enforcer to properly qualify the acts and justly establish responsibility. The scientific novelty consists in the fact that the Article 191.1 of the Criminal Code of the Russian Federation is fairly new within the legislation, which is one of the key reasons for lack of scientific research and low effectiveness of practical implementation of this norm.

Keywords: responsibility, contrastive analysis, timber, forest, administrative law, criminal law, illegal trade, deal, institution, efficiency

Abstract: The subject of this research is the legal presumptions as the means of legal technique used in criminal law. The author carefully examines such legal presumption, which significantly influences the application of criminal law standards, as presumption of knowledge of the criminal law underlying the principle “ignorance of the law is no excuse”. The article reviews a controversial question on its disputability, and thus, possible consideration as the legally significant circumstance of the ignorance of a person with regards to the content of criminal law (legal error). The scientific novelty consists in the description of situation, in which it is reasonable to admit the legal error, associated with the ignorance of criminal law, as a mitigating circumstance. The main conclusion establishes the need to exonerate individual for harm caused without clearly seeing the illegality of their action, if the norm of the Special Part of the Civil Code of the Russian Federation contains direct requirement of prior knowledge of their illegal nature, or if the individual had reasonable and sufficient basis to believe that the law makes a specific statement (not corresponding with reality) and the individual base their actions with the limitations of law within their understanding thereof.

Keywords: public danger, criminal casus, criminal responsibility, subjective imputation, knowledge of the law, presumption, legal error, legal fact, guilt, legal order

Abstract: This article presents the content and results of the discussion of topical issues of legal responsibility that took place at the conference “At the interface of criminal law and law on minor offences: material-legal and procedural problems (Wroclaw, 2016), organized in celebration of the Rector of Wroclaw University Professor Mark Boyarsky. The author provides the pros and cons of the various versions of codification of criminal and administrative legislations: a unified whole, where the Criminal Code includes all elements of crime, i.e. codes or laws regulating administrative responsibility or norms of General and Special parts; mosaic, where the elements of crimes are contained not only in criminal law, but also in the framework of sectoral (environmental, transportation, other) legislations, correspondingly, the elements of crimes in both, the code and separate acts, or in absence of code of offences – the general norms are contained in special legislation, while the elements of administrative torts in the sectoral legislation (Czech version). The article elucidates the positions of Polish doctrine regarding vectors of reform of the criminal and administrative legislations, including types of punishment and magnitude of sanctions, thoughts that the criminal and administrative liability are becoming closer together, partially due to introduction of the institution of collective responsibility of gradual increase in the weight of administrative sanctions. The article presents examples of certain lawmaking decisions that characterize the legal systems of Poland, Slovakia, and the Czech Republic, assessing the experience of these countries in the area of regulation of criminal and administrative liability.

Keywords: punishment, crime, minor offence, crime, Code, liability, law, tort, sanction, codification

Abstract: This article examines the set of social relations emerged due to the application of regulations establishing criminal liability for smuggling contraband money. Despite a significant period of time passed after the introduction of the Articles 104.1 and 200.1 into the criminal law, there are still certain difficulties in its practical implementation requiring solution. Currently, there is no universal scientific or practical approach towards the confiscation of contraband money, which are the subject matter of the crime stipulated by the Article 200.1 of the Criminal Code of the Russian Federation. The subject of this study is the statutes of the criminal law, case law, judicial interpretations, legal literature related to the question of confiscation of contraband money. The scientific novelty of the conducted research is defined by fact that the author is one of the first to analyze the regulations establishing liability for smuggling contraband money, generalize the problems of application of confiscation of contraband items, as well as based on the comprehensive systemic study of criminal legislation, formulate recommendations on their solution. The author also substantiates the propositions in improvement of the criminal legislation.

Keywords: application of confiscation, smuggling of money, problems of confiscation, crime, money, confiscation, customs border, criminal liability, contraband, criminal code

Abstract: The object of this research is the social relations in the area of firearms trafficking. The subject of this research is the legal norms regulating the order of acquisition, possession, carrying of arms, as well as criminal responsibility for the illegal arms trafficking. The author gives attention to how the information technologies change the methods of committing crimes. The article underlines the danger produced by information through the Internet upon the young generation, which substantiates the commitment of firearms-related crimes. The author also points at the gaps in legislation that allow acquiring firearms for criminal purposes. The scientific novelty consists in examination of the questions of illegal arms trafficking using the Internet, particularly, the recently emerged new methods of committing such crimes, which did not receive due coverage in the scientific literature; as well as identification of the gaps in statutory regulation. The author makes recommendations on the improvement of regulation, and implementation of state policy with regards to crime prevention in the are of illegal arms trafficking.

Keywords: bitcoin, ammunition, hunting weapon, Columbine, Darknet, the Internet, information Technology, arms trafficking, criminal law, crime prevention

Abstract: This article is devoted to criminal law and criminological problems of recording the identity of the perpetrator and its public danger. Based on the analysis of the current criminal legislation and court cases, the author notes the trend towards anonymity of the criminal policy, expressed in giving more significance to public danger of the crime and formal approach towards record of the perpetrators identity. Accent is made on the issue of surface study of danger to the public from the perpetrator, which impedes the correct of the convict, and development of preventative measures against future crimes. It is recommended to give more weight to the study of the profile of the perpetrator and the need to establish unified criterion for assessing the level of public danger from the individual for issuing a fair sentence matching the public threat the individual represents. It is noted that public danger of the perpetrator’s identity consists in the capability of committing a crime, which is the reason for conclusion on practical necessity for developing preventative measures for working with individuals that represent potential public danger and are prone to committing crimes.

Keywords: crime, punishment, dangerous state theory, criminal policy, preventive measures, social danger of the person, Criminal personality, social danger, crime prevention, relapse

Abstract: The article is devoted to analysis of the Prosecutor's status as a subject of proof in the pre-trial proceedings. It describes in detail the Prosecutor's participation in the collection of evidence, their interaction in the process of proving alongside the bodies of investigation and inquiry. Based on the analysis of provisions of the applicable legislation, the orders of the Prosecutor General of the Russian Federation and various points of view of experts in this field, the article puts forward and substantiates the conclusion that the Prosecutor must exercise their authority as a prosecution subject of proof to the fullest extent. In this regard, it is proposed to supplement the Criminal Procedure Code of the Russian Federation with a number of provisions granting the Prosecutor the right to consider and resolve the petitions of the participants in the criminal case, take part in the investigative actions, give the investigator the mandatory instructions, as well as submit the documents and materials received during the Prosecutor’s investigation to preliminary investigation agencies. All of the proposals are closely interrelated and strictly comply with the legal nature of the Prosecutor's supervision.

Keywords: charge, proof, inquiry officer, inquiry, head of the investigative body, investigator, Prosecutor, court, authority, materials of crime reports’ audit

Abstract: The subject of this research is the generally recognized principles and norms of international law in the area of fight against corruption, positions of the current Russian anti-corruption and electoral legislation, norms of the Special Part of the Criminal Code of the Russian Federation, and the works of Russian experts in history, sociology, political science and law.  Within the framework of this article, the author analyzes the concept and elements of corruption, as well as the key attributes of the indicated phenomena applicable to the sphere of electoral relations. Examination of the generic characteristics of corruption and their types in the area of electoral relations allowed determining the groups of corruption offences in the electoral process, describe the functional links between these groups, consider systemic-structural elements, as well as formulate the working definition of corruption in the electoral process.

Keywords: historical variability, social nature, public danger, structure, system, prevention, criminality, corruption, mass character, criminal and legal nature

Abstract: The subject of this research is the theoretical analysis of a set of interrelated scientific and practical issues of the criminal law aspect of reproductive right, its place, features and concept, including the artificia termination of pregnancy. This article is dedicated to examination of the problems of criminal law protection of reproductive right of a woman. The authors considers the relevant theoretical and practical issues associated with codification of reproductive right of a woman in the criminal legislation of the Russian Federation. The research is focused on criminal law protection, as well as regulation of the unlawful exercise of such right. The author analyzes the existing norm of the unlawful artificial termination of pregnancy as a method of exercising woman’s tight to reproduction. The scientific novelty is lies in providing a comprehensive examination of the criminal law protection of reproductive right, its content and structural components for the first time. The author presents an original perspective on regulation of the criminal law responsibility for unlawful termination of pregnancy as one of the methods of exercising of such right, considering the requirements of the norms of international law and universal human values. Revision of the Article 123 of the Criminal Code of the Russian Federation is suggested.

Keywords: protection of reproductive rights, method of realization of rights, international law, object of criminal law protection, reproductive right, abort, illegal abotr, criminal law, foreign experience, object of crime

Abstract: The subject of this research is the problems of the Russian criminal policy, considering the correlation between the criminal law and the administrative legal relations. Attention is turned to the fact that the idea on criminal act would have been attractive if the Code of the Russian Federation on Administrative Offenses excludes all constituent elements that in its legal nature are not referred to administrative offences, but for some reason or other cannot be designated as crimes, although gravitate towards them. The majority of them is considered by courts as criminal acts. Based on the conducted analysis, the authors underline the need for revising the procedural norms that establish the patterns on criminal offences in the sphere of economics and preventative activity by integrating them into a single criminal-procedural form so that it does not doubt the fairness of grounds for exempting the criminal responsibility in the sphere of economic activity.

Keywords: responsibility, qualification, prejudice, offence, misconduct, crime, criminal proceeding, criminal policy, promotion, judicial penalty

Abstract: The author examines the political and legal conditions of development and adoption of the draft law on amending the Criminal Code of the Russian Federation with the Articles 230.1 and 230.2, containing the completely new subjects of offence. The article considers the conceptual discrepancies of the “Prohibited List” of the World Anti-Doping Agency – WADA, specifying the substances and/or methods banned for use in sports, Order of the Russian Ministry of Sports, and similar list approved by the Government of the Russian Federation. The article provides legal criminal characteristic of crimes stipulated in the Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation is provided; as well as reveals the essential element of offences. Recommendations are made on the improvement and modernizations of the norms for offences against health of the population in accordance with the regulations of international law. The scientific novelty lies in the detailed description of the essential element of offences, stipulated in the Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation, based on the normative legal acts of international law and Russian legislation, documents of the supreme judicial authorities with regards to offences against health of the population and public morality.

Keywords: inducement, list of the Government of the Russian Federation, lists of the Russian Ministry of Sports, WADA Prohibited List, doping , prohibited methods, substances, World Anti-Doping Agency, athlete, sports

Abstract: The subject of this research is the characteristics of the object of criminal involvement of a minor in the commission of acts dangerous for minor’s life. The author attempts to determine the key criminal relevant features of the aforementioned act that define its objective hazard to society, sufficient for acknowledging as socially dangerous, as well as the need for criminalization. Attention is also focused on the circumstances that significantly increase the typical social danger of the criminal act that can be included into the criminal legislation as a qualifying factor. Using the formal legal method alongside the literal interpretation of legal acts, the author conducts the detailed analysis of the content of the basic, additional, and facultative object of crime, the responsibility for which is established by the Article 151.2 of the Criminal Code of Russian Federation. The main conclusion lies in the fact that besides the main object that implies the interests of healthy development and upbringing of a minor, as well as the additional object (life of a minor), the considered act can cause harm to health, freedom, and sexual integrity of a minor alongside the interests of family upbringing and the established order of exercising pedagogical activity. The indicated circumstances must be taken into account through determination of the qualifying factors. Therewith, there is a need for protection of public morality from the public propaganda unlawful activity.

Keywords: propaganda of unlawful actions, unlawful behaviour, family, upbringing of minors, public morality, person, object of crime, social danger, aggravating factors, violence

Abstract: The subject of this research is the institution of witness protection, peculiarities of the formation of system of proof in investigation of crimes where possible threats can be present to the parties involved in a criminal procedure. The work discusses certain issues in the legal regulation of the state witness protection, as well as the peculiarities of decisionmaking on application of measures of state witness protection and its realization with consideration of present threats and the phases of progression of criminal activity. It is proposed that the complex multi-stage system of regulatory acts does not promote making substantiated decisions on state witness protection. Members of law enforcement ensuring protection of witnesses from various regions of the Russian Federation have been interviewed. The main conclusions consist in the proposals to introduce a number of changes into the current Criminal Procedure Code of the Russian Federation pertaining to proving the threats, their assessment and adequate legal solutions.

Keywords: administrative regulation, mechanism of state witness protection, participant of criminal procedure, state witness protection, criminal procedure, legal regulation, prosecution, preliminary investigation, proving, real threat

Abstract: The subject of this research is the norms of anticorruption legislation of the Russian Federation, bylaws and departmental normative legislative bills, local normative acts of organizations, as well as positions of the codes of ethics of universities, setting anticorruption standards of conduct for the educators. The article carefully examines the current trends in formation of the anticorruption standards of conduct in the education sphere. Special attention is given to the establishment of anticorruption responsibilities, prohibitions, limitations and recommendations placed on the individuals carrying out the executive functions in educational institutions. The research allowed concluding that there are currently no unified anticorruption standards of conduct for members of educational institutions. With regards to a small circle of individuals carrying out the executive functions in educational institutions, the anticorruption standards of conduct are set by the orders of the Government of Russia, as well as departmental orders of the Ministry of Education and Science of the Russian Federation.

Keywords: recommendations, restrictions, bans, duties, anticorruption standards of conduct, prevention of corruption, corruption, educational institutions, conflict of interest, rector

Abstract: This article is dedicated to examination of the essence and content of the criminal statutory provision as a juridical phenomenon. The author defines the legal and social meaning of the criminal statutory provision, reveals its characteristic features, connection with the criminal legal norm, and mechanism of its inclusion into the structure. The statutory provision is viewed in terms of the system of criminal law and law enforcement; the author concurrently emphasizes that the source of the criminal normatively legal regulation, as well as the criminal legal norm can be the law enforcement practice. The subject of meticulous consideration became the classical concept, in accordance with which the legal norm is deemed not only basic, but also primary element of the criminal law system. The term of “statutory provision” was introduces into the criminal legal doctrine in the first half of the XX century, however until the present time the corresponding legal phenomenon remains insufficiently studied. The author suggests a new definition to the criminal statutory provision in social and legal context, as well as provides an original concept of acknowledging the statutory provision as primary element of the general system of criminal law and law enforcement.

Keywords: independence of criminal legal norm, primary element of system, system of criminal legislation, criminal legal system, sources of criminal law, law enforcement, multiplicity of criminal statutes, criminal statutory provision, structure of criminal legal norm, criminal legal norm

Abstract: This article conducts a comparative analysis of the rules for imposing punishment in the presence of mitigating circumstances in the countries of Anglo-Saxon legal family, Romano-Germanic legal family, socialist legal family, and religious legal family. Particular attention is given to the research of establishing the rules for imposing punishment in the presence of mitigating circumstances in the United States, as well as in countries of the Romano-Germanic legal family, since the criminal laws of the indicated countries provide more specific rules for imposing punishment in cases with mitigating circumstances. The result of this work became the conclusions on the order of establishing rules for imposing punishment in cases with mitigating circumstances in criminal laws of the states belonging to different legal families. The conducted research allowed drawing the following conclusions. Firstly, in the criminal laws of most countries of Anglo-Saxon legal family, there are no rules for imposing punishment in the presence of mitigating circumstances. The exception is the United States Federal Penalties Guidelines. Secondly, most countries of the Romano-Germanic legal family adopter the criminal lows that provide fairly specific rules for imposing punishment in the presence of mitigating circumstances. At the same time, such rules differ in bases of application, order of imposition of punishment in cases with mitigating circumstances and the mechanism of reduction of punishment. Thirdly, the rules for imposing punishment in the presence of mitigating circumstances in criminal laws of the majority countries of the socialist legal family are almost identical to such stipulated in the Criminal Code of the Russian Federation of 1996. A significant step forward in this regard made only by the Criminal Code of Kazakhstan and the Criminal Code of Moldova. Fourthly, in the vast majority of countries of the religious legal family, there are no rules for imposing punishment in the presence of mitigating circumstances, which is caused by sustained influence of religion upon the criminal legal doctrine.

Keywords: rukls for reduction of punishment, comparative law, religious legal family, socialist legal family, Romano-Germanic legal family, Anglo-Saxon legal family, sentencing rules, mitigation of punishment, boundaries of reduction of punishment, rules for substitution of punishment

Abstract: This research is dedicated the study of the elements of crime set by Article 159.1 of the CCRF, based on the analysis of the concept of “fraud in the lending industry”, which forms the title of this work. The author meticulously examines such aspects as applicability of the Article 159.1 of CCRF for protection of the lending industry from fraud, identification of the victims of fraud in the lending industry, as well as signs of characteristics of such crime. Special attention is allocated to the problem of demarcation of the concepts of “deliberate false information” and “inaccurate information”, as well as designation of the object of fraud in the area of financed property acquired as the result of consumer or commercial lending. The novelty of this research consists in the fact that the author is first to examine the language used by the legislator in titling the Article 159.1 of the CCRF for perception and interpretation of the aforementioned criminal law.  

Keywords: Inaccurate information, Borrower, Commercial loan, Consumer loan, Collection agencies, Microloans, Secondary lenders, Lenders, Financial fraud, fraud

Abstract: This article is dedicated to the questions of organization of prosecutorial supervision of legality and justification of the decisions issued by the preliminary investigation bodies on refusals to institute a criminal case. The author reveals the procedural aspects of organization of prosecutorial[WU1]  oversight is this section of pre-trial proceedings, as well as the forms of interaction between the prosecutor’s office and bodies of inquiry and preliminary investigation. The subject of this research is the norms of the Criminal Procedural Code of the Russian Federation, statistical data of the Prosecutor General's Office of the Russian Federation, court rulings, as well as scientific literature on this matter. The author notes a significant amount of cancelled by a prosecutor decrees on the refusal to initiate a criminal case alongside the common cases associated with the repeated cancellation by a prosecutor of the decrees on refusal to initiate a criminal case adopted based on the materials of inspecting the same claim, which testifies to the low quality of the investigative work. Due to this, for the purpose of remedying the situation, the author provides specific suggestions of procedural and organizational legal character.  [WU1]

Keywords: Crime prevention, Access to justice, Criminal case initiation, Coordination meeting, Briefing session, Interaction, Organization of prosecutorial oversight, Investigation oversight, Inquiry, Prosecutorial supervision

Abstract: The subject of this research is the novelties enshrined in the Federal Law “On the Prosecutor’s Office of the Russian Federation”, associated with introduction of the institution of new or newly discovered circumstances as grounds for second verification in carrying out prosecutorial supervision. The author underlines the absolute novelty for the area of the prosecutorial supervision legal relations of the aforementioned institution, but points out that this is certainly not the first case of inclusion of corresponding norms into legislation that does not regulate the issues of judicial procedure, and provides sections from two federal laws as an example. The author expresses hypotheses on possible complications, which can emerge in the practice of the prosecutor in realization of the norms of the Federal Law “On prosecutor’s office of the Russian Federation”, which establishes the positions on new or newly discovered circumstances as grounds for second verification on adherence to the laws.

Keywords: Foundation check, new circumstances, legal violation, oversight, sources of information, execution of laws, newly discovered circumstances, re-inspection, Prosecutor, Prosecutor's inspection

Abstract: The subject of this research is the relevant issues of improvements to the mechanism of suspension of a criminal investigation, including assessment of the legal nature of the procedure, content and elements following the decision to suspend a criminal investigation. Among the elements of the subject of this research are the following normative acts: Criminal Procedural Code of the Russian Federation; order of the Investigative Committee of the Russian Federation from January 9, 2017 No. 2 “On organization of procedural control in the Investigative Committee of the Russian Federation”; the order of the Prosecutor General’s Office of the Russian Federation “On organization of the prosecutorial control over the procedure of the preliminary investigation authorities” from December 28, 2016 No. 826. The work yielded new information on the essence and legal nature of the work of investigators and detectives on suspended criminal cases. The author presents the examples and formulates a new definition of the concept of “other procedural activity”, as well as provides new arguments in advancement of the concept of allowability of procedure of investigative actions on suspended criminal cases.

Keywords: Investigator, Activity, Legal nature, Lawfulness, Investigative, Procedural, Actions, Suspension, Case, Criminal

Abstract: The subject of this article is the theoretical problems in determining the notion of “corruption”, associated with identification of diplasty (combination) of such social phenomena as law and morality. The currently existing in legal literature conceptual approaches towards the term “corruption” to an extent endure the oversimplified understanding of this question, which often emerges from the insight that such phenomenon is based on the corruption[WU1]  legal violation, but sidestepping the presence of other corruption phenomena that are not illegitimate, in its essence carry a corruption character. Among them, a significant place is held by the amoral actions (ethical trespass). In particular, it translates into the fact that moral norms unlike the legal are always legitimate, because it is the main condition of their formation and impact. If one or another behavioral norm is not supported by the majority of society or a separate social group, it becomes “vain”.  Special attention is given to the legal concept that suggests relying upon the presumption of their illegitimacy, rather than presumption of amorality of manifestations of corruption. A conclusion is made that the misuse of public status for personal purposes represents a corruption legal violation. The scientific novelty of this research consists in articulation of the theoretical problems on improving the anticorruption legislation.  [WU1]

Keywords: Legislation, Personal interest, Public interest, Government, Corruption offense, Legal violation , Interest, Morality, Law, Corruption

Abstract: The subject of this research is the sanctions of norms of the Criminal Code of the Russian Federation (CCRF) on crimes in the area of entrepreneurship. The author conducts a detailed analysis of the aforementioned sanctions from the perspective of criminal punishments used in their structuring, as well as evaluates the level of alternativeness of such sanctions and justification of application of the cumulative construct of sanctions by a legislator. The author also examines the limits of the sanctions, and calculates the medians of punishment in form of penalty and incarceration. In addition, the article compares the size of penalty and prison sentences stipulated by sanctions of norms of the Criminal Code of the Russian Federation on crimes in the area of entrepreneurial activity for the purpose of establishing the presence (or absence) of correlations between them. The author comes to a conclusion that there is no uniform scientific approach towards the structuring of sanctions of norms of the CCRF on crimes in the area of entrepreneurial activity, which manifests in a number of major flaws of the sanctions: 1) insufficient fluency in escalation of repression of a punishment within the alternative sanctions; 2) illogical and inefficient implementation of a cumulative construct of sanctions by a legislator; 3) excessive range of the limits of crimes within the sanction, which unreasonably expands the frames of judicial discretion and affects the infliction of just punishment. Thus, it necessitates the establishment of a solid scientific foundation for structuring the sanctions of norms pertaining to crime in the area of entrepreneurship.

Keywords: penalty, punishment, median of punishment, alternativeness of sanctions, limits of sanctions, structuring of sanctions, criminal sanctions, crime, Entrepreneural activity, Incarceration

Abstract: This research is devoted to a comparative analysis of the criminal legal means of countering misconduct when receiving payments, a type of which is fraud in the field of scientific research in the performance of a state task. The subject of the work is the norms of foreign legislation. Research objective is to formulate the main approaches towards the regulation of the liability for fraud when receiving payments and comparable acts in legislation of foreign countries, and optimization of the Russian criminal legislation on liability for fraud, taking into account international rulemaking experience. The methodological basis of the work is a comparative legal method of research. The authors also used the methods of analysis and abstraction. The new results obtained include: highlighting the main approaches in formulating the encroachment in question in foreign legislation; the conclusion that the special norms on fraudulent activities with subsidies in the criminal legislation of individual countries are not fully comparable to the Russian counterpart of the norm (Article 159.2 of the Criminal Code of the Russian Federation), and therefore, the foreign experience in designing their dispositions is not very suitable for interpreting fraud in obtaining State grants in the Russian criminal law; attention is drawn to the need for a uniform definition of the punishability of general and special types of fraud, according to how this is reflected in the criminal legislation of foreign countries, differentiating responsibility for fraudulent abuse, depending on the sphere of commission, the subject and methods of criminal encroachment. The obtained results deepen the content of comparative criminal law and can be used in teaching criminal disciplines, as well as improving Russian criminal law.

Keywords: subsidies, foreign legislation, crimes, punishability of acts, fraud counteraction , differentiation of fraud, criminal legislation, grant fraud, disposition rules, sanction rules

Abstract: This article gives special attention to the analysis of the elements of public danger of crimes associates with violation of rules and safety requirements in rendering services. The author describes the peculiarities of public danger of the criminal violation of rules and safety requirements in rendering services that are expressed in elements of the composition of crimes and serve as the indicators of public danger. The work examines the question of demarcation of administrative violations and crimes committed in this sphere based on the content of their public danger. The main conclusion of this research consists in description of interconnection between the content of elements of the composition of crimes associated with the violation of rules and safety requirements in rendering services, as well as their character and level of public danger. The author substantiates the specificities of social legal content of public danger of this category of crime.

Keywords: Public danger, Object of encroachment, Criminal consequences, Sphere of commission of crime, Characteristic of act, Subject of crime, Means of crime, Rendering of hazardous services, Criminal violations, Criminal law

Abstract: The subject of this research is the negative consequences of humanization of the German criminal legislation and search for the solutions on its improvement. The author analyzed the efficiency of humanization of the German criminal legislation from the perspective of accumulated experience. On the example of the work with migrants, youth, and family violence, the article demonstrates some negative aspects of humanization. The article explores the causes for derogatory attitude towards the German law, which results in increase of the crime level in the most non-conformist environment among the teenagers and migrants. Despite the evident positive aspects and lack of alternative of the general course towards humanization, certain implemented changes into the criminal legislation of Germany did not prove their effectiveness. First and foremost, humanization of the criminal legislation does not resolve the issued associated with migrants – too soft of a treatment can lead to worsening of the situation and further marginalization and criminalization. It also applies to the teenagers, who due to their psychological specificities are not able to adequately use their rights, but ignore their responsibilities. The performed analysis carries an important practical meaning and can be taken into account in the course of humanization of the Russian legislation.

Keywords: Humanization, Negative consequences, Analysis, Decriminalization, Youth, Migrants, Fair punishment, Germany, Criminal law, Criminal legislation

Abstract:   The subject of this research is the status of a victim as the main participant of criminal procedure, whose rights and legal interests are protected on priority basis. The author substantiates that despite the adopted by legislator measures (of December 28, 2013 and later) on optimization of the procedural status of a victim, there is still a need for improvement of his rights. Based on the analysis of the acting legislation and various points of view among the scholars, the article determines a trend towards the actual alignment of the volume of right between the victim and the accused. At the same time, the legislator did not consider the situations, in which the accused does not realize the granted rights or even avoids the participation in criminal procedure. The scientific novelty of this work consists in determination of status of a victim in the criminal process at the current stage of development of the Russian criminal procedure that differs from the earlier proposed approaches, including formulation of a conclusion on the need for demarcation of the procedural status of a victim of crime, taking into account his legal interest as a civil plaintiff, victim, and witness.

Keywords: witness, civil plaintiff, legal interests, rights, status, victim, criminal process, participants, improvement, optimization

Abstract: The subject of this work is the Part 2 of Article 210 of the Criminal Code of the Russian Federation, which stipulates criminal responsibility for participation in criminal syndicate (criminal organization); assemblage of the Russian normative legal acts of the XVII-XXI centuries, associated with establishment of the responsibility for organization of crime syndicates along with the membership therein; international legal acts that regulate responsibility for the organized criminal activity; judicial practice on criminal cases pertaining to organization of criminal community or participation in it; as well as problematic questions, opinions of the scholars reflected in scientific publications on the topic of research. The result of this work consists in refutation of position of a number of authors regarding the fact that for the acknowledgment of a member of crime syndicate as such, he must fulfil the role of executor, organizer, aider and abettor in one of the planned by the syndicate crime. The conclusion and scientific novelty of this research consists in formulation of the necessary set of features of the objective site of composition of participation in a crime syndicate, as well as author’s interpretation of their content. This article can be used by the law enforcement agencies in disputable situations regarding the presence or absence of the signs of composition of a crime, stipulated by the Article 210 of the Criminal Code of the Russian Federation.

Keywords: distribution of roles, Criminal Code of the Russian Federation , criminal complicity, point of conclusion of a crime , participation in criminal syndicate, criminal syndicate, causal connection, result of crime, secured activity, considerable contribution