Confiscation Estonian style: legal and political aspects of potential seizure of Russian assets in EU countries
... Russian sovereign assets lies not within the legal realm, but in the political sphere since such actions could result in unforeseeable ramifications. The mechanism proposed by the European Commission for seizing private property within the framework of criminal proceedings implies the use of criminal law to solve political problems, which is at variance with the objectives of criminal policy.
Introduction
In June 2023, the Estonian authorities announced that the development of a mechanism for ...
Correlation between the concepts of institution and sub-institution in criminal law
The article considers correspondence between the concepts of institution and sub-institution in the criminal law. The understanding of the criminal law sub-institution as an element of the structure of criminal law institute requires verification in terms of analysis of the correlation between these concepts. It is especially urgent due to the fact ...
Institution of criminal proceedings for economic offences
At present, provisions of the law about an institution of criminal proceedings in the economic sphere are controversial. The order of criminal prosecution of such crimes also is not defined clearly. The purpose of the research is to develop the optimal scenario for initiating these criminal cases and determining ...
Corporate criminal liability: case study
This paper focuses on the problems of criminal liability of juridical persons and establishing their guilt. The authors analyses relevant practices in different states with established institutions of corporate criminal liability. Perspectives of international researchers are considered and ...
The principle of mutual recognition of court orders within legal cooperation on criminal cases in the European Union
This article considers particular problems of cooperation on criminal matters in the European Union using the example of the European Arrest Warrant and European Evidence Warrant.
1.
Treaty
on the functioning of the European Union, consolidated version //
Official Journal.
C 115.
9.5.2008.
2.
Presidency
...
Problem aspects of participation of the prosecutor in the stage of initiating a criminal case
The analysis of the procedural position of the prosecutor at the current stage of initiating a criminal case, the legal regulation of which has undergone significant changes, has been carried out. The participation of the prosecutor in the stage of initiating a criminal case is limited by the lack of his rights to prove, independent decision-making ...
The best interests of the child in the context of criminal procedure policy
The novelties of the Criminal Procedure Law of the Republic of Belarus show the commitment to introduce child-friendly technologies in practice. However, studies show the lack of consistency in the identification of Criminal Procedure policy for minors. Reforming the legal ...
Crime situation as an object of criminal law and criminological impact
The article investigates the crime situation as an object of focus of criminological and criminal justice measures of crime prevention. The methodology of the research relied on both general scientific methods (logical and systemic methods, method of analysis) and the method of formal legal analysis for interpreting the norms of criminal ...
Criminal songs: The hero and the plot
The criminal song is considered as a phenomenon of urban folklore functionally linked to the criminal community as an archaic subculture. The author characterises the plot structure of the criminal song: the system-building characters, their plot function,...
The legal regulation of inflicting damage on a criminal during detainment in the criminal codes of foreign states
This article deals with the provisions of a number of international criminal codes determining the permissible damage that can be inflicted on the criminal during detainment, thus creating the theoretical framework for the improvement of the corresponding provisions of the Criminal code of the Russian Federation.
1....
The concept and features of voluntary renunciation of criminal purpose
This article is dedicated to the definition of the concept of voluntary renunciation of criminal purpose. Through analysing criminal statutes and
criminal law literature, the author identifies and examines the features of voluntary renunciation of criminal purpose: objective termination of intended crime, voluntariness, finality, and timeliness....
Problems of using the results of an operational experiment and test purchase in proving a criminal case
The study presents the concept of the special evidentiary value of the results of operational experiments and test purchases. This is due to the fact that these actions reflect a criminal event carried out under the control of law enforcement authorities. To dispel doubts about the admissibility of documented results of such operational measures, a legal standard for their conduct is developed. Unlike sectoral developments regarding ...
On the role of the results of operational search activities in contemporary criminal proceedings
The article is devoted to the analysis of the place and role of operational-investigative activities results (hereinafter — ORD) in modern criminal procedural law. The views established in science regarding the use of materials obtained in the course of conducting operational-search activities (hereinafter referred to as ORM), as well as existing law enforcement realities, correlate with ...
Alternative to criminal prosecution against accused juveniles
The article questions the need to introduce mediation as an alternative for criminal prosecution. The author of the article aims to prove the urgency of mediation for the criminal process, changing the concept of criminal prosecution in relation to accused juveniles. Methodologically, the article relies on general scientific ...
The Amber Industry: Development Сhallenges and Combating Amber Trafficking in the Baltic Region
... extraction and trafficking. The authors focus on the relevant law enforcement practices and hold that administrative sanctions for unauthorised amber extraction and trade are not fully effective in Russia. The authors stress the need for introducing criminal liability for a repeated offence and outline opportunities for using forensic gemological examination of amber and amber products.
1. Annual Social Report 2016, Official Website of JSC "Kaliningrad Amber Plant", available at:
http://www....
Criminal policy: the concept, problems, and prospects
This article analyzes the definition and content of criminal policy. Special attention is paid to the criminological aspect. The authors scrutinize the
trends of development of criminal policy in theory and practice and formulate a number of key elements of the criminal policy concept.
1.
Степанов ...
Organized crime in Soviet Russia: the paradox of institutionalization. Part two
This article follows the previous publication, which showed the growth of the organized crime in the Soviet period of Russian social history. This part of the article reveals the features of organized criminal activity during the so-called "stagnation period." At the same time, the author emphasizes that the 1980s were the most favorable for the sprawl of organized crime. It was during these years that this type of antisocial activity reached ...
Methodology of profiling
... abroad and in Russia. The purpose of the study is to develop a methodological base with which it is possible to use profiling as a searching technique in forensic science. The study analyses similarities and differences between the compilation of a criminal’s psychological portrait and profiling. Based on comparative and retrospective analyses, profiling theoretical developments are built, as well as the main methods that make up its methodology.
The author concludes that profiling is a complex ...
On implementation of legal investigation in the Russian criminal process
... the range of lawyer’s mandate, and more specifically, the access to collecting the evidence. The article considers the challenges of a lawyer’s work in collecting evidence, specific proposals to improve the process of collecting evidence in a criminal process are made. The area of criminal procedural law governing the power to gather evidence by a lawyer is the most sensitive and vulnerable point for criticism from analysts. The process of evidence gathering in the framework of the criminal ...
The Development of a Criminalistics Theory in Russia and the United States: A Comparative Analysis
... forensic science. I give a detailed account of Russian and US scholars’ approaches to the nature, subject, and object of criminalistics and provide an overview of the history of the discipline. I address the relationship between criminalistics and criminal procedure law. In considering the methodological framework for criminalistics, I focus on the thought experiment (event reconstruction) technique and the situational approach, which is used both in Russia and in the US. I describe the concept,...
Situational approach to the presumption of innocence principle
This article examines the nature of the presumption of innocence in simplified criminal prosecution procedures. The contentious issues of criminal prosecution mechanism are analysed. Recommendations to improve the current Russian criminal procedural law are made.
1. Кудрявцев В. Н. Стратегии борьбы с ...
The model of proceedings in the court of first instance in the criminal procedure doctrine of Russia
The relevance of the study of proceedings in the court of first instance is determined by the need to build its model in the conditions of public and adversarial criminal proceedings, the purpose of which is to protect human rights. The criminal procedural norms regulating the resolution of a criminal legal dispute need to be systematized in order to apply them most effectively. Dialectical, axiological, synergetic ...
The noun visilka: a semantic portrait and a system of multiple meanings (based on police search documentation of the second half of the 19th century)
... Glagolev Anna Vasilyeva Glagoleva]. BU OO «Istoricheskij arhiv Omskoj oblasti». F. 3. Oр. 6. D. 8072. L. 1 (In Russ.).
O rozyskanii skryvshegosya s mѣsta prichisleniya gosudarstvennago prestupnika Aleksѣya Bydarina [About search of the state criminal Alexey Bydarin who has disappeared from the list of MST]. OGKU «Gosudarstvennyj arhiv Irkutskoj oblasti». F 32. Op. 5. D. 458. L. 1 (In Russ.).
Pribavlenie k № 50-mu Smolenskih Gubernskih Vѣdomostej, Oficial'noj chasti 11-go Dekabrya 1848 ...
The prejudicial significance of decisions in Russian judicial proceedings
... the same time, the issue of the intersectoral nature of prejudice is relatively new for domestic science and requires close research, taking into account the specifics of various branches of legal proceedings. This issue is of particular importance in criminal proceedings, where the verdict can be based on the conclusions of the courts made in civil, arbitration or administrative proceedings.
This study focuses on the existing points of view in the academic papers, as well as in the law enforcement ...
Organized crime in the Soviet Russia: the paradox of institutionalization. Part One.
The aim of the study is to define the role of organized crime in Russia over a major period in the 20th century, and analyze transformation that this criminal activity underwent. The article opens with the analysis of the development processes of the organized crime typical for the Soviet society. It is shown that in the Soviet period of history, organized crime, inheriting the previous organizational ...
Russian pre-revolutionary scientific ideas of criminal penalties of material nature
This article focuses on the theoretical ideas of criminal penalties of material nature in pre-revolutionary Russia of the second half of XIX — early XX century. The author provides an analysis of N. Sergeevsky’s treatise on criminal financial sanctions in the XVII century Russia. Special attention ...
Using the modelling method in investigating criminal fires
This article addresses the relevant issues of using the modelling method in investigating criminal fires and classifies it. The authors identify the modelling and reconstruction methods in the system of criminal fire investigation. An analysis of the correlation between modelling and reconstruction is conducted. New applications of these methods ...
The problems of exemption from criminal liability for tax offences
This article explores some of the issues associated with the adoption of the Federal Law № 420-FZ of December 7, 2011 ‘On the Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation’. It is noted that the effectiveness of rules pertaining to the exemption from criminal liability for tax offenses largely depends on the phrasing of the ...
Models for countering the segregation of ethnoreligious immigrant areas in Denmark and Sweden
... criteria:<18>
— the share of immigrants and their descendants from non-Western countries exceeds 50 %;
— the share of people aged 18–64 with no connection to the labour market or education exceeds 40 %;
— the number of persons convicted of criminal offences per 10,000 inhabitants exceeds 270 people.
Denmark became the first European country to use in government documents and statistical reports of migration departments the concepts ‘immigrants and their descendants’ and ‘non-Western ...
Development of e-justice during the COVID-19 pandemic
The article provides an overview of information technologies used by courts in criminal proceedings at the present time. The authors analyze the current technical innovations used in the criminal process which acquired increased relevance during the fight on COVID-19. Special attention is paid to court videoconferencing. The authors ...
Criminalistic characteristics of organized credit fraudster groups
Due to the rapid criminalization of credit relations and the widespread theft of bank loans, committed mainly by groups of fraudsters, the forensic science faces a serious problem of developing an effective method for investigating crimes of this nature. The method ...
The concept of extreme necessity in the crime qualified by Article 199.2 of the Criminal Code of the Russian Federation
In this article, the author examines the actual issue of applying provisions of an extreme necessity to actions containing signs of a crime under Article 199.2 of the Criminal Code of the Russian Federation on such a circumstance that excludes the criminality of the act. The author analyses a variety of views on the problem under consideration. Methodologically, the study relies on general scientific methods, as well ...
The remaking of geopolitical space and institutional transformations: the case of the Baltic Region
... The Eighteenth Century, Oxford Univ. Press, Oxford.
12. Roberts, M. 1979, The Swedish imperial experience (1560—1718), Cambridge Univ. Press, Cambridge. doi:
https://doi.org/10.1017/CBO9780511622274
.
13. Pihlajamäki, H. 2013, Claiming Authority: Criminal Procedure in Seventeenth Century Swedish Livonia, Bergen Journal of Criminal Law and Criminal Justice, vol. 1, no. 2, p. 80—97.
14. Ciesielski, T. 2014, The Polish-Lithuanian Commonwealth and Russia’s expansion in the Baltic region in the ...
On the 20th anniversary of the Department of criminal procedure, criminology and legal Informatics of the I. Kant Baltic Federal University
... of the activities’ outcomes, the functions of departmental heads. The purpose of the research was to focus on some certain activity features of the research departments at the University (the study was conducted using the materials of the Criminal Procedure, Criminalistics and Law Informational Science Department of Immanuel Kant Baltic Federal University): providing direct educational and educational impact on students (bachelors, masters, postgraduates); managing research and extending ...
Legal framework for national security as a basis for preventing and combating criminal threats
This article explores current legal problems of national security in view of the need to improve the system of prevention of, and counteraction to, criminal threats. The author provides relevant statistics on crimes committed in Russia, analyses cause-effect relations behind the deterioration of national crime situation, and suggests integrated solutions to the most complex problems in the field....
Evaluating evidence in the adversarial system
This article considers the purpose of the trial — establishing the truth through considering and resolving a criminal case. The authors present different perspectives on the position of the court during the examination and analyse the process of presenting evidence that determine the content and function of the criminal case consideration and its resolution....
Criminalisation of economic offences
This article discusses the features of criminal policy in the economic sphere and analyses the recent changes to Chapter 22 of the Criminal code of the Russian Federation. Based on the analysis, general trends in the relevant legislative activity are identified and recommendations to overcome ...
The concept of and liability for bribery according to the Code of criminal and correctional punishments of 1846 and the Criminal Code of 1903
This article analyses the articles of the Code of Criminal and Correction Punishments of 1845 and the Code of 1903 concerning fight against bribery.
1. Писарькова Л. Ф. К истории взяток в России. URL: http://vivovoco. astronet. ru/VV/JOURNAL/RUHIST/PIS01.HTM (дата ...
Problems of classifying tax crimes by actus reus
... examines certain issues relating to the calculation of large and especially large amounts of unpaid taxes. It is noted that the Plenum of the Supreme Court is expected to amend current Decision No. 64 of 28.12.2006 ‘On the practices of courts applying criminal legislation on liability for tax crimes’. It is also stressed that, despite the existing obligation to pay insurance premiums, there is no rule on criminal liability of persons evading such payments. In this regard, it is proposed to include ...
Forensic aspects of criminal process participants using mediation procedures: The role of the situational approach
This article stresses that the reconciliation of the parties in criminal proceedings with the participation of a mediator is an important mechanism of the institution of restorative justice. The author considers the forensic aspects of using mediation procedures, classifies subjects of mediation, and describes the ...
Некоторые проблемы соотношения системы уголовного права и системы уголовного законодательства
... роль последнего в формировании субинститутов Особенной части уголовного законодательства.
This article attempts to describe the contents of real (logical, actual) rules of criminal law and shows the connection between a rule of criminal law and regulations, and the role of the latter in the formation of subinstitutions of the Special Part of criminal legislation.
1. Алексеев С. С. Структура советского ...
Liability of legal entities for tax crimes according to the Russian and US legislations
This article considers the topical issue of introduction of criminal liability of legal entities for tax crimes in Russia. The authors analyse criminal liability of legal entities for tax evasion according to the US legislation.
1. Успенский А. В. Уголовная ответственность ...
Objective Criminological Characteristics of Justifiable Defence and Excessive Defence Situations
The article considers the peculiar problems of criminological characteristics of justifiable defence and excessive defence situations. The author analyses and compares objective criminological characteristics of the situations of justifiable and excessive defence. The article is based on the legislation of the Russian Federation and empirical research conducted by the author.
1.
Архив
ГОВД г. Черняховска Калининградской области. 1997. Дело № 25438...
Tactical and psychological problems of maintaining public prosecution in jury trial
... psychological knowledge is important for effectively exercising state prosecution in a jury trial. The main purpose of the research is to establish and analyze existing tactical and psychological issues of prosecutor’s participation in court proceedings in criminal cases with the participation of jurors and to develop proposals for their solution. The set of general scientific and special methods is the background of the methodology of research. The article identifies common strategies the defense can illegally ...
Investigation of Criminal Cases Done in the Field of Circulation of Digital Financial Assets
... collection, analysis and fixing of evidence obtained at the pre-trial stages of criminal proceedings. The main result of scientific research is the development of a methodology for investigating crimes in which crypto assets are the subject of a criminal attack.
1. Борисов М. Б., Заводцев И. В. Проблемы совершенствования допуска и доступа субъектов в информационные системы в условиях цифровой ...
Simplified methodology for investigating crimes
The article describes the system of methods of investigating crimes as a well-established form in the history of criminalistics. The success of the investigation of crimes depends on a comprehensive, objective examination of the circumstances of crimes, and on the correct choice of the mechanisms for proving the person's guilt. All these elements are united in the concept of the methodology for investigating crimes and have a certain content, depending on the type of the crime committed. The author...
Formalisation of cognition in a special proceeding trial
Criminal procedural cognition in special judicial proceedings is largely based on the provisions of the concept of formal (legal) evidence. The formalisation of evidence presupposes the availability of the necessary proofs and mandatory sources of evidence ...
Witnessing in criminal proceedings
This article analyses witness participation in criminal proceedings. The author pays special attention to witness immunity and relevant forensic analysis. The significance of this institution is characterized from the perspective of the identity of a witness. The author stresses the importance of ...
Criminal penalties of material nature: Imposition and enforcement
This article focuses on the imposition and enforcement of criminal penalties of material nature – fines and community services. Special attention is paid to a low effectiveness of fine enforcement, in particular, due to the inflexibility of the legislative norm. The author presents several suggestions, in ...
Simulation modelling in analysing human trafficking crimes
This article considers specific features of the situational approach to simulating criminal activities relating to human trafficking. The author describes the structure and content of certain elements of a typical information model of human-trafficking crimes.
1. Смирнов Г. К. Методика расследования торговли ...