scholarly journals Insurance Fraud in Russia and Abroad: Problems in Improving the Efficiency of Counteracting

2018 ◽  
Vol 7 (4.38) ◽  
pp. 179
Author(s):  
Yury P. Garmaev ◽  
Roman N. Borovskih ◽  
Lydia P. Chumakova ◽  
. .
Keyword(s):  
Legal Education ◽  
The State ◽  
Insurance Fraud ◽  
Legal Analysis ◽  
Scientific Methods ◽  
General Scientific ◽  
Criminal Legislation

The article is dedicated to the research of the insurance fraud phenomenon comparing a Russian and foreign practice of counteracting this crime. The authors, using the general scientific methods of cognition as well as the method of comparative legal analysis and other special legal methods of research, are studying the problem of counteraction the insurance fraud in Russia and other countries. The article characterizes the state of exploration of this problem from a viewpoint of Russian and foreign criminal research, analyses the criminal legislation and practice of counteracting this crime. Based on the results, the article substantiates the conclusion about a demand for a broader understanding of the insurance fraud problem and other crimes in the sphere of insurance for increasing the efficiency of combating these crimes through legal education of the population and neutralizing the false and criminogenic stereotypes of thinking of various participants in the insurance relationship.  

scholarly journals Criminal punishment: history and modernity

2021 ◽  
Vol 2021 (4) ◽  
pp. 84-88
Author(s):  
Tat'yana Kandabarova
Keyword(s):  
Modern Society ◽  
Legal Analysis ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
History Of Development ◽  
Current State ◽  
State And Society ◽  
History Of ◽  
General Scientific ◽  
Criminal Legislation

The article discusses criminal punishment in historical and modern aspects. The term «criminal punishment» is multidimensional both in everyday and scientific understanding, functional properties are diverse. Without punishment there is no crime, and without crime there is no punishment. Hence the familiar phrase «crime-punishment». The role of criminal punishment in countering socially dangerous acts, its effectiveness causes discussion. The issues of sentencing at different times have always been and are receiving a lot of attention, both from legal scholars and from practitioners. The improvement of modern legislation in terms of criminal punishment gives reason to say that there is an understanding and research of the problems of the application of criminal punishment in modern society. Punishment expresses, on behalf of the State and society, a negative legal, social and moral assessment of the criminal act and the offender and consists in the deprivation or restriction of rights and freedoms provided for in criminal legislation. The purpose of this study is to study criminal punishment, its goals and practice of application, consideration of historical prerequisites. To achieve this goal, it is necessary: to investigate the institution of sentencing in the history of development, to study the current state of the institution of punishment, its goals and practice of application in modern Russia. The methodological basis of the work was made up of general scientific methods (historical, logical, system-structural, comparative legal analysis).

scholarly journals Careless crime: state, dynamics, measures of general and special counteraction

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Specific Weight ◽  
The State ◽  
Scientific Methods ◽  
General Scientific ◽  
Scientific Substantiation ◽  
Criminal Legislation ◽  
Legislative Processes

The subject of the study is careless crime, taking into account the implemented national criminal law policy. The aim of the study is to investigate the scientific understanding, content and types of careless crime. Attention is focused on the state, dynamics of careless crime, measures of General and special counteraction to the specified social and legal phenomenon. The methodological basis of counteraction measures is formed by a set of General scientific and private scientific methods, which allowed to investigate the process of novelization of criminal legislation and its implementation at the law enforcement level. The main results of the study reflect the problems of prevention, prevention, General and special counteraction to careless crime, affecting the effectiveness of the implementation of the mechanism of criminal law regulation of social relations associated with crimes committed by carelessness or negligence. Conclusions concerning types of careless crime, its specific weight, the personality of the careless criminal, including scientific substantiation of the General and special counteraction measures are formulated. The scientific and practical validity of legislative processes is noted as the defining problem. The problems of implementation of the criminal law in the context of increasing rates of careless crime, actualizing the practice-oriented measures of counteraction, based on the state, structure, dynamics of the development of this social and legal phenomenon. Attention is focused on strengthening the sanctions of criminal law norms regulating increased responsibility for certain types of careless crimes, which in fact do not affect the reduction of criminal tension in the sphere of careless crime. The problematic issues of improving the quality of the criminal law and other normative legal acts providing prevention, prevention and counteraction to careless crimes are revealed. The focus is on improving the quality of activities of state authorities, self-government bodies and civil society institutions, increasing the level of control.

scholarly journals CONDITIONS FOR THE OCCURRENCE OF OBLIGATIONS TO COMPENSATE FOR DAMAGE CAUSED BY LAWFUL ACTIONS OF STATE BODIES, AS WELL AS THEIR OFFICIALS

THE BULLETIN ◽  
2021 ◽  
Vol 3 (391) ◽  
pp. 165-169
Author(s):  
Magomed Yakhyaevich Yakhyaev
Keyword(s):  
Scientific Literature ◽  
The State ◽  
Legal Analysis ◽  
Public Authorities ◽  
Public Interests ◽  
Scientific Methods ◽  
Existing Problems ◽  
General Scientific ◽  
The Right ◽  
Subjective Rights

Сhanges in civil legislation have created a separate type of tort obligations, in which the state compensates for damage caused to the person or property of a citizen or the property of a legal entity by lawful actions of public authorities. Along with the tort obligations that are well covered in the scientific literature, these issues concerning the lawful actions of the State that cause harm to citizens or legal entities are ignored. In the article, the author conducts a comparative legal analysis of the conditions for the emergence of obligations to compensate for damage caused by lawful actions of the state. The research is based on general scientific methods of cognition, as well as special legal ones (comparative legal, technical legal, formal legal). On the basis of the conducted research, the author draws conclusions about the legal nature of the obligations under study, and also makes an attempt to identify the existing problems of the emergence of obligations to compensate for damage caused by lawful actions of state bodies. The main problem of the study of obligations to compensate for harm is to determine the conditions of their occurrence, the characteristics of lawful harm caused by state bodies, leading to the emergence of obligations to compensate for harm. Obligations to compensate for rightfully caused harm are conditioned by the protection of subjective rights. These obligations exist for the purpose of compensation for the restoration of the right violated by the lawful actions of State bodies in the event that public interests prevail over personal ones. Examining tort obligations, as the most widely covered in the scientific literature, it was concluded that they are very similar to obligations for compensation for rightfully caused harm, and pursue the same goal: restoring the position of the injured person.

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

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.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals PHILOSOPHICAL AND LEGAL NATURE OF THE LAW PRINCIPLE: METHODOLOGICAL PROBLEMS OF RESEARCH

2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov
Keyword(s):  
Public Relations ◽  
Point Of View ◽  
Integrative Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Nature ◽  
General Scientific ◽  
Methodological Problems ◽  
The Law ◽  
Ontological Aspect

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.

Assessment of corruption risks in the Federal Executive bodies exercising control and Supervisory functions

2019 ◽  
pp. 190-199
Author(s):  
Denis Viktorovich Shepelev
Keyword(s):  
Risk Assessment ◽  
Risk Management ◽  
Public Administration ◽  
The State ◽  
General Description ◽  
Scientific Methods ◽  
Special Place ◽  
General Scientific

The relevance of the study is due to the priority tasks facing the state, among which a special place is occupied by the activities to prevent and combat corruption, minimize and eliminate the consequences of corruption offenses, including in the field of public administration. The purpose of the study is a General description of the assessment of corruption risks in the Federal Executive bodies, carrying out control and Supervisory functions. In considering these issues, the author used General, General scientific and private scientific methods, including formal legal. The author analyzes the corruption-dangerous functions, the main stages of corruption risk assessment and the whole system of corruption risk management. The study formed proposals to improve the methods aimed at minimizing the identified corruption risks in the course of the functions of state bodies. The proposed measures, reflected in the conclusions of the work, can be used by the Federal Executive bodies exercising control and Supervisory functions in order to improve their activities.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals Crime of insurance fraud in criminal legislation of the Republic of Serbia and neighbour countries

2020 ◽  
pp. 147-166
Author(s):  
Bilgaip Maznikar
Keyword(s):  
Bosnia And Herzegovina ◽  
Specific Form ◽  
Insurance Fraud ◽  
Legal Analysis ◽  
Criminal Offense ◽  
The Republic ◽  
Criminal Legislation

The paper deals with the criminal offense of insurance fraud by analyzing the current provisions of the criminal legislation of the Republic of Serbia and countries in the region. From the neighbour countries, the author analyzes the provisions of the criminal legislation of Croatia and Bosnia and Herzegovina regarding the prescribing of the criminal offense of insurance fraud. The aim of the paper is to point out different models of incrimination of this specific form of fraudulent behavior. In addition to comparative legal analysis, the author points out the types and forms of this criminal act, offering at the end of the paper suggestions for improving the activity in the field, counteracting this socially negative phenomenon.

scholarly journals Restriction of the property rights

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 293-303
Author(s):  
Yury Alexandrovic Svirin ◽  
Vladimir Aleksandrovich Gureev ◽  
Alexandr Anatolievich Mokhov ◽  
Eduard Eduardovich Artyukhov ◽  
Igor Mikhaylovich Divin
Keyword(s):  
Theoretical Analysis ◽  
Historical Perspective ◽  
Theory Of Knowledge ◽  
Modern World ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
The Difference ◽  
The Right

The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limiting the absolute right of ownership was justified, the difference between the restriction and encumbrance of the right of ownership was proved, and the place of the easement in the system of restriction on the right was investigated.  

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