PENAL CHARACTERISTICS OF CONVICTED WOMEN

The results of studies of female crime, identification of its sources, reasons for criminal behavior of women are of considerable scientific interest in the modern conditions. It is caused by the fact that female crime is quite negatively affecting the society, its institutions, especially family, its moral and psychological atmosphere. Female crime is a ratio of the moral health of the society, its spirituality, attitude to basic universal human values.

ON THE LEGAL POSITION OF A WITNESS UNDERGOING A PUBLIC CRIMINAL PROSECUTION PROCESS

In the article, the author considers the category of “witness under suspicion”, specifying that within the framework of criminal procedure science, the study of the legal nature of this phenomenon is very relevant due to the approach demonstrated by the legislator to endow participants in criminal procedure relations who have signs that do not allow them to be fully attributed to any of the existing categories with an independent procedural status. The author also provides a justification for the need to review the existing legal mechanisms for ensuring the procedural interests of a witness against whom actual criminal prosecution is being carried out, and raises the problem of using the evidence obtained as a result of such activities to expose the accused in a criminal case.

THE USE OF A MIX-450 MOBILE FORENSIC LIGHT SOURCE TO IDENTIFY CRIME TRACES

One of the tasks of forensic science is to improve the tactics of conducting an inspection of the scene, which is largely associated with the use of modern technical and forensic tools used to detect, fix and seize traces and other material evidence in order to disclose and investigate a crime and establish the identity of the offender. However, as practice shows, the use of traditional technical means — portable sources of ultraviolet radiation to detect traces of biological origin (blood, semen, saliva and other human secretions) is not always effective. This is due to the fact that the intensity of the luminous flux of fluorescent lamps is quite low, which prevents the detection of traces during daylight hours. In addition, long-term illumination of the object, over 5 seconds, causes the destruction of the DNA in the blood and semen, which prevents the possibility of its further examination. At the same time, the arsenal of methods and technical means is constantly expanding. For example, a mobile forensic light source “MIKS-450” has now been developed. However, there is no information about the types of traces detected with its use. To fill this gap, the author of the article carried out a set of experiments, the results of which testify to the effectiveness of its use for detecting traces of human skin and preliminary examination of documents at the scene. The author also comes to the conclusion that the possibility of detecting traces of human skin depends on the physical properties of the trace substance (dirty or clean hands, dry or wet), the structure of the trace-sensing surface (smooth, rough), its color, as well as the time elapsed since the occurrence traces.

REVIEW OF THE MANUSCRIPT OF THE MONOGRAPH SHADOW ECONOMY AND CRIMINAL BUSINESS BY YU.V. TRUNTSEVSKY AND A.K. YESAYAN. MOSCOW : KNORUS, 2020

The monograph stipulates the main provisions characterizing shadow (criminal) processes in the world economics and macroeconomics from a criminal law standpoint. The authors describe the shadow economy content, the reasons for and consequences of its growing; issues concerning the approaches to the evaluation of the shadow economy and efforts decreasing it, in particular, measures of criminal law influence. Much attention is paid to the presentation of the criminal economy, criminal policy in the reviewed economic sector. The paper presents doctrinal provisions, official statistics and other data characterizing the essence of shadow economy expansion on the global and domestic scale; the legal basis aimed at the fight against reduction of the shadow economy level.

PECULIARITIES OF THE LAW ENFORCEMENT PRACTICE IN THE QUALIFICATION AND INVESTIGATION OF CRIMES STIPULATED BY ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The paper examines the problematic points that investigators face in the qualification and investigation of acts related to non-payment of wages and other established payments, analyzes the errors of law enforcement practice, and suggests ways to solve these problems.

PECULIARITIES OF THE LEGAL REGULATION OF EVIDENCE COLLECTION IN CRIMINAL CASES BEYOND THE BORDERS OF THE RUSSIAN FEDERATION

This article deals with the problems of legal regulation of the process of collecting evidence in criminal cases within the framework of mutual legal assistance, based on a systematic analysis of international legal acts and legislation, a conclusion is made about the inconsistency of legal norms regulating the collection of evidence outside the territory of the Russian Federation. In some cases, they are insufficient, which negatively affects the quality and efficiency of the preliminary investigation. Suggestions are made to eliminate inconsistencies in legal norms.

SOME ISSUES OF THE DEFINITION OF THE CONCEPT OF RELIGIOUS FEELINGS IN CRIMINAL LAWS

The article considers the problems of definition of the religious feelings of believers, which take part in the offence covered in article 148 paragraph 1 of the Criminal Code of the Russian Federation. This article analyses a main theological terminology as well as introduces main definitions, which should be secure in legislation. These definitions help to interpret and to understand the legal enforcement of article 148 of the Criminal Code of the Russian Federation.

ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

EXTREMISM AS A THREAT TO THE NATIONAL SECURITY OF A STATE

The article reviews the extremism phenomenon in the countries of the former Soviet Union and the social and psychological image of a group of people prone to manifestation of elements of extremist behavior.

THE LAWS OF ESTONIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES

The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.