scholarly journals Particular characteristics of recidivism of foreign criminals subjected to conviction in Russia

2021 ◽  
Vol 108 ◽  
pp. 02018
Author(s):  
Leonid Vitalievich Smirnov ◽  
Valentin Stanislavovich Kharlamov

Russia is attractive to foreign citizens not only for its originality which lies in the beauty of people and nature or in the presence of unique attractions. They are also attracted by the possibility of doing work and business. However, not all foreign citizens are law-abiding. Some of their representatives are distinguished by illegal behavior. It happens that noncitizens of Russia commit crimes. Purpose of the research: to consider the state, structure and dynamics of crimes of foreign citizens in the Russian Federation; to work out the categories of crimes for which they are convicted; to give information about representatives of foreign countries dominating places of imprisonment; to assess the nature of the repetition of crimes committed in Russia by foreign immigrants; to reveal their age range and give information about the commission of repeated crimes in Russia by foreigners who have served their sentences in domestic correction facilities. Methods: the work based on a systematic approach widely uses general scientific and specific scientific methods. General scientific methods, such as logical, structural-functional, analysis and synthesis methods, made it possible to identify the features of the foreigners’ recidivism risk in Russia. Modern criminological concepts based on such specific scientific methods as the method of interpretation and the methods of interpreting documents have successfully fostered the development of the research problem. Main results: the research made it possible to assess the nature of “foreign crime” in the Russian Federation and the recidivism rate of foreign immigrants. Novelty: the research shows the contingent of foreign citizens serving sentences in Russian correction facilities and differentiated by categories of crimes; it also presents their criminological features, reveals the post-penitentiary recidivism of foreign immigrants, it gives a comparative assessment of foreigners’ repeated crimes in Russia and at home.

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.


Author(s):  
Ekaterina Abakumova

This study is an attempt to draw a theoretical and legal understanding of law enforcement practice to reduce the penalty in court. The research was based on the comparative legal, statistical, historical, and general scientific methods of cognition (system method, analysis and synthesis, logic, etc.). The author analyzed doctrinal ideas regarding the legal nature of penalty. The study revealed controversial conceptual and theoretical issues related to this legal institution that are of fundamental importance for its practical implementation. A retrospective analysis of the law enforcement practice under Article 333 of the Civil Code of the Russian Federation demonstrated a need for a wider recognition of the penalty function, not only in civil law, but also in tax relations.


2019 ◽  
Vol 7 (5) ◽  
pp. 1031-1034
Author(s):  
Marina V. Markhgeym ◽  
Alevtina E. Novikova ◽  
Evgeniy E. Tonkov ◽  
Vladimir I. Yevtushenko ◽  
Goar G. Zagaynova

Purpose: The article is devoted to the study of the features of the migration policy implemented in the Russian Federation as a kind of legal experiment. Methodology: The methodological basis of the study was a set of the following methods of scientific knowledge – General scientific methods (analysis and synthesis), private scientific methods (formal legal and comparative legal). Result: The author analyzes normative acts, including by-laws of both the Russian Federation and its constituent territories. The analysis of the existing regulatory normative approaches to the regulation of migration in Germany is also given. At the same time, the author offers his vision of the possible implementation of German law in the Russian Federation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional and Legal Aspect of the Legal Experiment of Migration Regulation in the Russian Federation and Germany is presented in a comprehensive and complete manner.


2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.


2021 ◽  
Vol 27 (8) ◽  
pp. 1894-1910
Author(s):  
Marzhinat I. KANKULOVA ◽  
Sabina Z. OSMANOVA

Subject. This article examines the business processes of treasury control in the course of authorizing budget expenditures of the subject of the Russian Federation. Objectives. The article aims to develop recommendations for improving the business processes of treasury execution of budget expenditures of the subject of the Russian Federation. Methods. For the study, we used the methods of formalization, analysis and synthesis, induction and deduction, comparison, observation, and other general scientific theoretical and empirical research methods. Results. The article identifies reserves for increasing the potential of treasury control of the financial body of the Russian Federation subject by modifying the functionality of the budget process automated information system. It offers recommendations to increase the number of transactions for which extensive documentary control is carried out, while reducing the labor costs for performing the same type of current operations. Conclusions and Relevance. The proposals to optimize treasury control are in line with the solution of common tasks for the development of modern technologies for budget execution based on digitalization and automation of budget procedures. The results obtained may be of practical interest to the financial authorities of the Russian Federation constituent entities (municipalities) that implement their budgets independently through the current budget account opened at the Federal Treasury.


Author(s):  
Alexander Fedyunin

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.


Author(s):  
Svetlana Pavlovna Basalaeva

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.


Author(s):  
Eka Ermakova

This article substantiates the need for the development and application of the additional instruments for combating shadow economy in the Russian Federation. The object of this research is the measures for combating shadow economy, while the subject is the related punitive and preventive instruments. The research methodology employs the general scientific methods (scientific abstraction, unity of historical and logical, analysis and synthesis, induction and deduction, comparison and analogy); systemic and comprehensive approach; official statistical data, normative legal acts, works of the leading researchers dedicated to the problems of expansion of shadow economy, computer-based legal research systems Garant and ConsultantPlus. The study of the normative legal framework and scientific writings of the leading scholars, as well as the analysis of practical experience of the Russian Federation in combating shadow economy allowed making the following conclusions: the effective system of combating shadow economic processes should be built on all levels of governance: micro, meso and macro; at the same time, each of these levels should be able to apply both punitive and preventive instruments that encourage the actors to engage in legal activity. In recent years, Russia largely implements preventive methods for combating shadow economy. However, the rate of shadow economy in the country remains high (33% of GDP), which thwarts the economic development.


2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.


2021 ◽  
Vol 39 (3) ◽  
pp. 62-65
Author(s):  
N. M. Ataeva ◽  

The aims of the article are to research problems of Russian Federation’s subjects financial activity and to analyze this term as one of the attribute of the Federation’s subject. Authors adhere the traditional approach of understanding financial activity of subjects of the Russian Federation, which has been researched in law science. There is researching of following terms: financial federalism, budgetary federalism, their basics, essence and content of the financial activities of subjects of the Russian Federation. Writing the article authors use different scientific methods, such as dialectical, logical, formal and legal, analysis and synthesis. In conclusion, author gave her own term of financial activities of subjects of the Russian Federation.


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