Search

Results: 50

• 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 ...

• 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 ...

• 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 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 ...

• 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 ...

• 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 ...

• 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....

• 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....

• 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 ...

• 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 ...

• 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 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 ...

• 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,...

• 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 ...

• 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 ...

• 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 ...

• 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....

• 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 ...

• 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....

• 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 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....

• 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 ...

• 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 ...

• 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 ...

• Review of D. Pertsev’s monograph “Criminal and Criminological Problems of Justifiable Defence”.Kaliningrad, IKSUR Press, 2009

  Popov I. 113-118 10.5922/2223-2095-2009-9-16

• 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 Provision: General Theoretical and Criminal Aspects

  ... вузов. М., 2007. 10.     Черданцев А.   Ф. Логико-языковые феномены в праве, в юридической на­у­ ке и практике. Екатеринбург, 1993. Chirkov A. legal provision, criminal norm, legislative technique, presumption, fiction. 33-37 10.5922/2223-2095-2009-9-4

• On the fight against corruption

  This article considers the current problems of fight against corruption in Russia. The author analyzes the capacity of the state and society to combat corruption. It is concluded that the scale of criminal factors affecting corruption is not proportional to the means of combating this phenomenon. In the current conditions, the most effective anti-corruption measures are the upgrading of criminal penalties. 1. Клейменов М. П., Клейменов ...

• 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 ...

• 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 ...

• 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 ...

• 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 ...

• The modern problems of using the Internet in investigating crimes

  This article considers the basic approaches to the use of Internet resources in the detection and investigation of crimes. It is stressed that the Internet affects ways the crime is committed, the features of criminal traces, and the choice of means and methods used in the process of detection and investigation of crimes. 1. Эффективные меры борьбы с транснациональной организованной преступностью ...

• Some problems regarding the actor of penal legal relations

  ... Уголовно-исполнительное право России: учебник / под ред. А.   И. Зубкова. М., 1997. 6. Уткина С.   С. Уголовное наказание в виде штрафа. Томск, 2004. Popov I. A. penal legal relation, criminal legal relation, actor, fine, juvenile offender 103-106

• Property Rights of Debtor as Object of Claim According to Legislation of the Russian Federation

  The article considers some questions of civil and criminal executive legislation in terms of enforced collection of the debtor’s property rights, their subsequent realisation, and possibility of using some types of property right as objects of claim. 1. Гуреев В.   А. Проблемы ...

• The delegated power of an official

  ... structural features help carry out a legal assessment of the administrative activities of persons working at non-state (commercial and other) organisations. The author analyses the functions (powers) of an official and thus suggest supplementing the criminal legislation with a scope of persons, whose powers are delegated by the state. 1. Егорова Н. А. Теоретические проблемы уголовной ответственности за преступления лиц, выполняющих ...

• A “fascinating fake”: on the origin of a street song

  ... Блатная песня // Синтаксис. 1979. №   4. С. 72—118. 8.  Терц А . Спокойной ночи // Терц А. Собр. соч.: в 2 т. М., 1992. Т. 2. С. 337—609. Sviridov S.V. song, folklore, urban folklore, criminal folklore, stylisation 163-166

• Socio-psychological aspects of corruption

  This article analyses the socio-psychological determinants of corruption and the features of this phenomenon in the 19th century and today. It is concluded that, in the current condition, a more sever criminal penalty can have a greater effect than continuing and costly efforts to reduce poverty and wealth inequality in population. Of significance is the application of the principles of legality and inevitability of punishment for corruption-related ...

• Tactics of particular investigating actions relating to crimes against public officers

  This article considers the tactics of examining the victim, suspect, and witnesses and the on-site verification of testimony in cases related to crimes against public officers based on the criminal cases studied by the author. 1. Волчецкая Т. С., Осипова Е. В., Киселев Д. Г. Структура и особенности криминалистической характеристики преступлений,...

• The structure and features of forensic characteristics of crimes against public officers

  On the basis of an analysis of concrete criminal cases, the authors describe the structure of forensic characteristics of crimes against public officers and its basic elements and consider the criteria of forensic classification of such crimes. 1.  Яблоков Н.   П. Криминалистика....

• The improvement of the efficiency of residential burglary: The application of the modelling method

  ... modelling as the synthesising beginning capable considerably to raise efficiency of disclosing and investigation of bиrglaries is proved. It is underlined necessity of use of the situational approach and crime studying for three phases: precriminal, criminal and postcriminal. 1.  Криминалистика: учебник / под ред. А.   Ф. Волынского, В.   П. Лаврова. М., 2008. 2.  Кочетова Е.   С. Актуальные проблемы расследования ...

• The criminal procedure aspects of the absolution from the suspicion of committing a crime

  The article analyses the procedural consequences of unconfirmation of the suspicion in committing a crime during the preliminary inquisition. The main points of the article are the problems of keeping a status of the suspect after release him from custody or cancellation a measure of restriction. Also there are arguments in favour of necessity of making alterations into the criminal-procedural legislation. 1.  Сайкина Е. Гипотеза — основополагающее начало построения и проверки следственных...

• Justifiable defence: theory and judicial practice

  ... проблемы необходимой обороны. Калининград, 2009. 8. Собрание законодательства Российской Федерации от 19 ноября 2007 г. № 47, ч. 1, ст. 5749. Pertsev D. criminal law, self-defence, protection of citizens 36-41

• Unification of international rules on the form of will

  This article concerns the harmonisation of international private law rules regarding the form of will. The author analyses universal and regional contracts in this field, bilateral agreements on assistance in civil, family, and criminal cases. The article offers conclusions of the features of current development of international rules regarding the form of will. 1. Гаагская конвенция о коллизии законов, касающихся формы завещательных ...

• Problems of qualifying tax-related crimes based on the characteristics of the perpetrator

  ... activities through a figurehead. It is stressed that the Plenary Session of the Supreme Court should clarify these issues through introducing amendments to the existing Resolution No. 64 of December 28, 2006 "On the practice of court application of criminal legislation concerning liability for tax crimes". 1. Статистические сведения о состоянии преступности по субъектам Российской Федерации за январь — февраль ...

• Problems of Operational Investigation Groups by Detection of Bribetaking

  Under the current conditions, the activity of operative officers connected with the initiation of a criminal case faces the imperfection of current legislation. The article offers some amendments to the Federal laws allowing a more comprehensive and objective corruption-related crime detection, in particular, bribery taking. 1. Пикалов И....

• The issues of the post-war demobilization of military officers (1945—1948)

  ... officers could return to universi­ties and technical schools. The article emphasizes the difficult fate of those who were dismissed for injuries and disabilities, many of whom turned to begging. The influx of shell-shocked people greatly worsened the criminal situation in the country. The state devastated by the war was simply unable to socially provide for and employ such a large number of demobilized people in a single step. Gradually, over time, a significant part of the demobilized was able to ...

• Pardon committees as central institutions of the civil society

  This article considers the issues of improving the efficacy of pardon committees in the constituent entities of the Russian Federation. The author puts forward proposals concerning the improvement of the criminal and penal legislations and emphasises the need for the restoration of certain institutions of the civil society that successfully functioned as early as the Soviet period. 1. Порядок издания актов об амнистии ...

• Проблемы современного доказательственного права в уголовном процессе

  ... Предлагается внести изменение в нормативное определение понятия источников доказательств. This article focuses on the procedural and legal nature of sources of evidence in the criminal procedure. The authors analyse principal perspectives presented in modern Russian literature, offer their own solution to this problem, and suggest amending the normative description of the concept of source of evidence. 1. Об информации,...