scholarly journals Improving the Activities of the Prosecutor’s Office for Preventing Crimes of Extremism Among Minors

Legal Concept ◽  
2021 ◽  
pp. 74-81
Author(s):  
Pavel Fantrov ◽  
Mikhail Bobovkin ◽  
Stanislav Medentsov

Introduction: the problem of preventing extremism among minors, which has not lost its current relevance, deserves special attention. It is quite specific; it concerns the prospects of the future generation. Among other tasks that the Prosecutor’s Office faces, the prevention of juvenile delinquency, including of extremist orientation, is particularly important. Not only the state and trends of crime of extremism in the future, but also the moral climate in Russian society, largely depend on how this task is solved with the help of the prosecutor’s supervision. The purpose of the study: to identify and characterize the priority areas for improving the activities of the Prosecutor’s office of the Russian Federation in the context of preventing crimes of extremism among minors. The objectives of the study: to identify and describe the problems of the prosecutor’s supervision for the prevention of crimes of extremism among minors; to assess the coordination activities of the law enforcement agencies to combat youth extremism; to develop recommendations for improving the prosecutor’s supervision in the field of preventing crimes of extremism among minors. The methodological framework for the study is represented by a system of methods of scientific knowledge, which should include: the general scientific, systemic, institutional and comparative legal ones. Results: the main problems in the activities of the prosecutor’s office for the prevention of extremist juvenile delinquency are identified, which the authors of the paper refer to: formalism; the lack of an individual approach to preventive work; the problems of interdepartmental interaction. The authors point out the need to improve the legal regulation of the prosecutor’s status as a coordinator and one of the key subjects of the prevention of offenses of extremism. Conclusions: to increase the efficiency of the prosecutor’s supervision in the field of preventing crimes of extremism among minors, it is advisable: to introduce the innovative methods and technologies for influencing juvenile offenders involved in extremist activities (for example, mediation); to improve the mechanism of interaction of all subjects of the system of prevention of juvenile crimes; not formal, but thorough the supervision of the activities of the supervised subjects of prevention and others; to create the specialized units in the structure of the Prosecutor General’s Office of the Russian Federation and the Prosecutor’s offices of the subjects of the Russian Federation, which could combine all areas of the prosecutor’s supervision over compliance with the legislation on juvenile affairs, including countering extremist activities of minors; to improve the level of professional training and qualification of young employees of the prosecutor’s office, determining the efficiency of the prosecutor’s office, based on the indicators of the real restoration of the rights and freedoms of citizens.

Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.


Author(s):  
Andrey Antipov

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.


2021 ◽  
Vol 10 (3) ◽  
pp. 265-268
Author(s):  
Stanislav Gennadyevich Malkin

The paper is devoted to the role of the state educational policy within the course of the Russian civil identity formation. The focus of the study is on the evolution of the aims of the authorities in matters of the historical education and historical memory, their norm-legal regulation and institutional support, as well as real educational practices. The introduction of the historical and cultural standard for teaching the school course of the history is considered as a collective attempt by the authorities and society to lead historical and educational policies to a common denominator in terms of the content and value. A special accent in the paper concerns the problems of the teacher professional training for the implementation of the state historical and educational policy of the Russian Federation within given framework, considering the specifics of the contemporary informational space. It attracts attention to the close ties between information wars and historical policy, in the context of the attempts to reconsider the results of the Second World War especially, keeping in mind its effects for the transformation of the civil identity and the changes of position the Russian Federation held on the international arena. Both methodological and organizational restrictions were identified in secondary and higher schools, which have a significant impact on the formation of civil identity through historical education, both at the stage of training pedagogical personnel and in the process of studying the school course of the history.


Pursuant to the effective laws, the Russian Federation has a functioning system for prevention of minors neglect and delinquency. This system comprises both a number of measures of organizational and legal nature aimed at creation of conditions for the normal physical, mental and moral development of children and teenagers and elimination of conditions promoting minors involvement in sociopathic and unlawful activities, and a combination of various government bodies and institutions of general and special competence implementing these actions. For instance, healthcare bodies, education agencies, authorities for social protection of the population, and many others have their own competence in this area. Police plays special role in the common system for prevention of minors neglect and delinquency. Specialized youth liaison police units are created, the competencies of which include working with teenagers involved in sociopathic activities, as well as identification and elimination of causes and conditions facilitating such activities, including legal pressure on persons infringing rights and lawful interests of minors, committing offenses against minors, or involving them in unlawful activities.


Author(s):  
Дмитрий Сергеевич Дядькин

В статье представлены результаты анализа наказуемости за одно из наиболее распространенных в последнее время в Российской Федерации преступление, предусмотренное ст. 282 УК РФ - возбуждение ненависти либо вражды, а равно унижение человеческого достоинства. В последние годы имеет место резкий рост количества осуждений лиц по ст. 282 УК РФ. Данная практика крайне репрессивна, не поддерживает одобрения в обществе, существенно критикуется и негативно оценивается даже властью, которая в последнее время предприняла действия по изменению сложившейся ситуации. Изменение структуры привлечения и осуждения лиц по ч. 1 и ч. 2 ст. 282 УК РФ - исчезновение квалификации действий лиц по ч. 2 - свидетельствует об изменении характера данных преступлений, способа их совершения, а самое главное - подходов к привлечению лиц к ответственности за совершение преступлений экстремистской направленности. Работа правоохранительных органов полностью переключилась с выявления, пресечения и наказания экстремистских деяний, совершаемых в реальной жизни, и на данный момент абсолютное большинство лиц, привлеченных по ст. 282 УК РФ, - это лица, допустившие те или иные высказывания» в социальных сетях. Ч. 2 ст. 282 УК РФ (квалифицирующие признаки, ее составляющие) на данный момент потеряли свою актуальность и не отвечают современным реалиям. Наказуемость за преступления, предусмотренные ст. 282 УК РФ, атипична по отношению к общей структуре применения наказаний в РФ за преступления в целом: за данное преступление осуждается к условному лишению свободы 61 % лиц, 11 % - к реальному лишению свободы. Данное положение вещей отражает ситуацию, когда дефиниция преступления по своему существу не отвечает ожиданиям современного российского общества, при этом внутреннее убеждение судейского корпуса также находится в определенном диссонансе. Современные российские реалии не позволяют судам выносить оправдательные приговоры в достаточном количестве, и судам приходится применять к лицам, по сути невиновным, наказания крайне незначительные или условно. По ст. 282 УК РФ данная тенденция явно прослеживается. Results of the analysis of punishability for one of the most widespread in the Russian Federation the crime provided by Art. 282 of the Criminal Code of the Russian Federation are presented recently in article there is an arousing hatred or hostility, and humiliation of human dignity is equal. In recent years the sharp growth of number of condemnations of persons according to Art. 282 of the Criminal Code of the Russian Federation takes place. This practice is extremely repressive, does not support approval in society, is significantly criticized and negatively estimated even by the power which took actions for change of a situation to the sphere recently. Change of structure of attraction and condemnation of persons according to Pt. 1 and Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation - disappearance of qualification of actions of persons according to Pt. 2 - demonstrates to change of nature of these crimes, a way of their commission, and the most important - approaches to involvement of persons to responsibility for commission of crimes of extremist orientation. Work of law enforcement agencies completely switched from identification, suppression and punishment of the extremist acts made in real life, and at the moment the vast majority of the persons involved according to Art. 282 of the Criminal Code of the Russian Federation are faces the allowed these or those statements on social networks. Pt. 2 of Art. 282 of the Criminal Code of the Russian Federation (the qualifying signs, it making) at the moment lost the relevance and do not answer modern realities. The punishability for the crimes provided by Art. 282 of the Criminal Code of the Russian Federation is atypical in relation to the general structure of application of punishments in the Russian Federation for crimes in general: for this crime it is condemned to conditional imprisonment 61 % of persons, 11 % - to real imprisonment. This state of affairs reflects a situation when the crime definition on the being does not answer expectations of modern Russian society, at the same time the internal belief of judiciary also is in a certain dissonance. Modern Russian realities do not allow vessels to pronounce justificatory sentences in enough, and vessels should apply to persons, in fact the innocent, punishments extremely insignificant or is conditional. According to Art. 282 of the Criminal Code of the Russian Federation this trend is obviously traced.


2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.


2020 ◽  
pp. 76-83
Author(s):  
Mikhail Gorbachev ◽  

The socially dangerous situation of minors is one of the most acute and at the same time difficult to solve problems of modern society. In different forms, it takes place in almost all countries of the modern world. The Russian Federation is no exception. The significant economic stratification of Russian society, the growing social inequality, the constant increase in the number of citizens living below the poverty line and a number of other equally important factors create conditions for an increase in the number of minors in a socially dangerous situation. The system of prevention of neglect and juvenile delinquency carries out measures for monitoring, accounting, preventive work with the designated social group. The emphasis is on the socio-economic and socio-psychological consequences of the socially dangerous situation of minors. The socio-political aspects of the socially dangerous situation of minors are hardly taken into account. The article is devoted to the study of the socially dangerous situation of minors through the prism of modern challenges to the national security of Russia. The article examines the reasons for the formation of a socially dangerous situation of minors. The possible consequences of a further increase in the number of minors in a socially dangerous situation were identified and described in relation to public and State institutions. The article identifies the challenges to the national security of modern Russia, which may come from the social environment of minors in a socially dangerous situation. New mechanisms of ensuring national security of modern Russia, taking into account the interests of minors in socially dangerous situation, are conceptualized. The empirical base of the article is the data of the system of prevention of neglect and juvenile delinquency (2017-2018), data of indices of social and economic development of the subjects of the Russian Federation (for the same period of time). The methodological basis of the article is the author's approach, which implies a combination of the theoretical foundations of the system of prevention of neglect and juvenile delinquency with the conceptual provisions of the theory of national security.


Istoriya ◽  
2021 ◽  
Vol 12 (11 (109)) ◽  
pp. 0
Author(s):  
Stanislav Malkin

The main focus of the article was on the impact of current historical policy affecting the foreign and domestic political interests of the Russian Federation (mainly in the fields of interethnic relations and international law) on the educational strategies of the authorities, designed to facilitate or impede the process of forming a Russian civil identity. Specific historical and contemporary examples show that the latter has long been considered as a humanitarian technology for solving state problems in this field, within the contemporary informational space with a cumulative effect in terms of the space of politically engaged versions of different pages of history, especially closely related to the formation of the contemporary world order. Accordingly, the focus of the study is the contradictions between the historical and educational policies of the Russian Federation, which are analyzed through the lens of the evolution of the aims of the authorities in matters of the historical education and historical memory, their norm-legal regulation and institutional support, as well as real educational practices after 1991. The experience of the several years (since 2014) on the introduction of the historical and cultural standard for teaching the school course of the history is considered as a collective attempt by the authorities and society to lead historical and educational policies to a common denominator in terms of the content and value. The special accent in the article concerns the problems of the teacher professional training for the implementation of the state historical and educational policy of the Russian Federation within given framework, considering the specifics of the contemporary informational space. Both methodological and organizational restrictions were identified in secondary and higher schools (primarily at specialized faculties of pedagogical universities), which have a significant impact on the formation of civil identity through historical education, both at the stage of training pedagogical personnel and in the process of studying the school course of the history.


2021 ◽  
Vol 23 (3) ◽  
pp. 6-12
Author(s):  
ALEXANDER GURINOVICH ◽  

This article analyzes the relevant legislation, identifies the basic criteria for defining the concept of the civil service of other types in the Russian Federation, and describes the current state of its legal regulation. The service of other types is carried out in the federal-state bodies and organizations subordinate to them; such organizations perform special functions to ensure security, law and order, combat crime and protect citizens’ rights and freedoms. The author identifies the reasons for the abolition of such a concept as “law enforcement service” in the civil service systems and considers the process of its transformation into a new segment within this system. Based on the conducted comparative analysis of legislative and subordinate legal acts containing relevant regulatory provisions, the analysis shows that today the civil service of other types is carried out in state bodies defined as law enforcement agencies. To reflect the current state of legal regulation for the civil service of other types, the author notes an increase in the corresponding legislative framework in recent years. The issues of legal regulation of work in the field of civil service of other types are worked out in special laws regarding employees of customs authorities, internal affairs bodies, the federal fire service, the criminal justice system, and enforcement bodies. In addition, the article outlines the key priorities for further improvement of legal regulation.


2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.


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