scholarly journals Scientific Heritage of Professor G.S. Gaverov in the Science of Criminal Law

2021 ◽  
Vol 15 (4) ◽  
pp. 413-418
Author(s):  
Oleg Gribunov ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Scientific School ◽  
State University ◽  
Scientific Heritage ◽  
Crime And Punishment ◽  
Research And Teaching ◽  
Wide Range ◽  
The Russian Federation ◽  
Educational Methodology

On July 12, 2021 the community of legal scholars celebrated the 90th anniversary of Honored Lawyer of the Russian Federation, Doctor of Law, Professor Grigory Stepanovich Gaverov. This article presents an overview of the scientific career of a famous criminal law scholar, the author of a substantial number of research publications on a wide range of different aspects of criminal law, its effectiveness, and problems of crime and punishment, who made an invaluable contribution to the criminal law theory and practical work of the law enforcement bodies. The authors describe key milestones of the career path of Professor G.S. Gaverov, present an overview of his major achievements in the spheres of research and teaching, as well as educational methodology. They prove that the scientific school of criminal law was formed and outline the scope of major scientific interests of G.S. Gaverov which widened as Grigory Stepanovich acted as mentor for postgraduate researchers who later successfully defended their Ph.D. in Law theses. Special attention is paid to the legacy of G.S. Gaverov in the area of educational methodology, which kept up with the major developments of criminal law. The scholar’s talents in the sphere of publicistic writing are highlighted. Special place is given to an overview of a research conference «Scientific heritage of Irkutsk scholars of criminal law» organized in Baikal State University on June 11–12, 2021 in honor of the 90th anniversaries of two outstanding Irkutsk scholars — Honored Lawyer of the Russian Federation, Doctor of Law, Professor G.S. Gaverov and Doctor of Law, Professor V.Ya. Rybalskaya.

scholarly journals THE SCIENTIFIC SCHOOL OF PROFESSOR ANATOLIY V. NAUMOV

2019 ◽  
Vol 5 ◽  
pp. 3-12
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Law School ◽  
Scientific School ◽  
Russian Scientist ◽  
80Th Anniversary ◽  
Soviet Scientist ◽  
The Russian Federation ◽  
Legal Entities

The article is prepared in view of the 80th anniversary of a famous Russian scientist, Professor Anatoliy V. Naumov. The article analyzes A.V. Naumov’s views on the development of criminal law as a science and legislation; justifies presence of the scientific criminal law school he created. Anatoliy Valentinovich is acknowledged a law expert carrying on and developing the traditions of the Kazan criminal law school where he became a lawyer and a scientist. Is it noted that in his research A.V. Naumov recalls and quotes representatives of this school frequently and with deep respect: G.I. Solntsev, A.A. Piontkovskiy (senior) and A.A. Piontkovskiy (junior), G.S. Feldstein, B.S. Volkov. Among other things, A.V. Naumov analyzes G.I. Solntsev’s views who was the first Russian scientist to justify as early as in 1820 the need for acknowledging legal entities crime subjects and criminal liability subjects. Attention is paid to the fact that A.V. Naumov was the first Soviet scientist specializing in criminal law to support the institution of criminal liability of legal entities; the author reviews the approaches of Professor A.V. Naumov towards evaluation of the institution of criminal liability of legal entities and options for introduction of such liability in the Russian Federation.

scholarly journals On the development of the theoretical criminal law research school of the institute of legislation and comparative law under the government of the russian federation

2021 ◽  
Vol 17 (2) ◽  
pp. 84-89
Author(s):  
Oleg A. Stepanov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Comparative Law ◽  
Scientific Activity ◽  
Scientific School ◽  
Research School ◽  
History Of Development ◽  
History Of ◽  
The Russian Federation ◽  
The Government

The aim of the study is to examine the results of the activities of scientists representing the theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation since its establishment in 1923 up to the present time. Particular attention is paid to the scientific activity of M. N. Gernet related to his research in the field of criminology and prison science and the results of the work of his followers. In the conclusion we present the periodization of the history of development of theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

NEW APPROACHES TO THE ORGANIZATIONAL AND TECHNICAL SUPPORT OF THE EXAMINATION OF COMPETITIVE APPLICATIONS FOR STATE SUPPORT IN THE FORM OF GRANTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION TO YOUNG RUSSIAN SCIENTISTS – DOCTORS OF SCIENCES AND PHILOSOPHY DOCTORS (DOCTORS AND Ph. D.) AND LEADING SCIENTIFIC SCHOOLS

2020 ◽  
pp. 59-67
Author(s):  
N.A. Mironov ◽  
E.A. Maryshev ◽  
N.A. Divueva
Keyword(s):  
Information System ◽  
Russian Federation ◽  
Technical Support ◽  
Examination System ◽  
State Support ◽  
New Approaches ◽  
Wide Range ◽  
Integrated Information System ◽  
The Russian Federation ◽  
Integrated Information

The article discusses the issues of improving the examination system of competitive applications for state support in the form of grants of the President of the Russian Federation on the basis of an integrated information system that includes the information support system of the Grants Council of the President of the Russian Federation and the information system of the Federal Roster of Scientific and Technological Experts and containing information about experts, applications and expert examination results. In order to improve the principles of transparency and openness of support programs and competition winners, to ensure the objectivity of the competitive selection of projects, a number of organizational and technical solutions are proposed in the application examination system based on an integrated information system. The new and proposed new approaches to the organizational and technical support of the examination of competitive applications for state support in the form of grants of the President of the Russian Federation to young Russian scientists made it possible, by attracting a wide range of scientific and technological communities, to conduct examination of more than five thousand applications with high quality and deadlines set by the Ministry of Education and Science of Russia.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

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