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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 ...

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 ...

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 ...

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 ...

Recently, the Special Part of the Criminal Code of the Russian Federation has been supplemented with provisions that establish liability for preparation for another crime and forms of complicity in committing another crime. In doctrine, such provisions are referred to as criminal law ...

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 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 ...

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 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 analysis of the concept of a reasonable timeframe for court proceedings is a pressing issue in the current stage of the development of criminal procedure in Russia. Several international mechanisms for protecting individual rights in the sphere of criminal proceedings, including those for contesting reasonable timeframes, have been lost. The study employed general and specific scientific ...

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....

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....

In contemporary society, the fight against human trafficking has become a significant global issue. Human trafficking is considered a highly latent crime, often perpetrated by organized transnational criminal groups (organizations). Consequently, law enforcement agencies face certain challenges in detecting, investigating, and preventing these crimes. Addressing these issues can be facilitated by the competent use of criminalistic characteristics ...

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 ...

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 ...

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 ...

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 ...

... the understanding of defects in law and the law are presented and analyzed, and the lack of a unified methodological basis for defining the concept of a defect in law is revealed. The criteria are formulated to identify the presence of a defect in the criminal procedure law. After studying the various views of scientists on the prospects for the development of the theory of legislative defects, taking into account the specifics and independence of the functioning of the conceptual apparatus of the ...

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 ...

... 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 ...

... 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 ...

... 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,...

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 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 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 ...

... 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 ...

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 ...

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 ...

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 ...

... 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 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 ...

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 ...

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 ...

... 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 ...

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....

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....

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 ...

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 ...

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 ...

... 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 ...

... 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 ...

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 ...

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. Pertsev D. justifiable defence, excessive...

... sake of national interests. Thirdly, there is a need for improvement in the legal regulation of individual stages of the extradition procedure. These findings may be utilised in further research on extradition as a type of international cooperation in criminal proceedings. Therefore, comprehending the relationship between international and national extradition provisions is the key to a firm theoretical grasp of this institution and a common understanding of the legal phenomenon in research and law ...

... 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 ...

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...