scholarly journals Developing the Conceptual Foundations for the Science of Penitentiary (Prison) Law — Prison Studies — as an Independent Branch of Russian Criminal Law (Second Half of the XIX — Beginning of the XX Century)

2021 ◽  
Vol 15 (4) ◽  
pp. 484-494
Author(s):  
Konstantin Korablin ◽  
Anna Ostapenko
Keyword(s):  
Criminal Law ◽  
Objective Assessment ◽  
Historical Period ◽  
Legal Science ◽  
Complex Approach ◽  
Fiction Writers ◽  
Prison Studies ◽  
Exclusive Right ◽  
Historical Past ◽  
Independent Branch

The authors analyze the historical experience of the emergence and development of the science of penitentiary (prison) law — prison studies — as an independent branch of Russian criminal law that was formed in the second half of the 19th — beginning of the 20th centuries. They pay special attention to the institutionalization of the punishment of incarceration whose theoretical foundation was laid by outstanding representatives of Russian pre-revolutionary prison studies. In this historical period, famous legal scholars, practitioners, public figures, political and fiction writers studied problems of the organization and functioning of the Russian prison service, they offered suggestions on its optimization, on improving the effectiveness of its functioning regarding the implementation of the basic principles of punishment for persons who committed illegal actions. It is noted that in the history of Russian criminal law, the institute of punishment was studied by many representatives of legal science and practice who were not only outstanding scholars, but also highly effective organizers of prison work. However even today, in the process of establishing a civilized, humane, international law- and norm-based penitentiary system in Russia, there is an acute lack of complex research which would offer a comprehensive description and characteristic of the contemporary science of penitentiary law that became unofficially known as prison studies in the second half of the 19th — first half of the 20th centuries. Taking into account the historical past of our country, it is evident that a complex approach to researching the fundamental principles of the punishment of incarceration contributes to the further development of Russia legal science, to the objective assessment of the role and place of penitentiary institutions in the system of especially authorized state bodies that possess an exclusive right to counteracting crime. The studied empirical materials allowed the authors to conclude that it is necessary to analyze and widely use this rich historical legacy, which would help contemporary legal research and practice gain new knowledge in a dynamic and consistent way.

scholarly journals Ethnodifferentiating markers of ethnic identity of belarusians: historical aspect

2021 ◽  
Author(s):  
Vasilii Sakovici ◽  
Keyword(s):  
Ethnic Identity ◽  
Historical Development ◽  
Self Esteem ◽  
Hard Work ◽  
Historical Period ◽  
Religious Tolerance ◽  
Historical Aspect ◽  
Historical Past

The article examines the difficulties of forming ethnic identity among Belarusians through their historical past. Identification features characteristic of Belarusians are highlighted: hard work, thrift, scrupulousness, perseverance, high morality, self-esteem, peacefulness, etc. The author considers such a feature as religious tolerance, or religious tolerance, which was formed over a long historical period, as ethnospecific. In conclusion, it is stablished that the process of formation of the ethnic identity of Belarusians was influenced by natural-historical conditions and inclusion in foreign ethnic state formations. It is noted that the process of formation of the Belarusian ethnic identity did not have the character of a deliberate construction of any predetermined properties and qualities. It crystallized from the values formed in the process of the historical development of the Belarusian nation.

ARTIFICIAL INTELLIGENCE CRIMES

2019 ◽  
pp. 10-13
Author(s):  
V.A. Tyrranen ◽  
Keyword(s):  
Artificial Intelligence ◽  
Information Security ◽  
Criminal Law ◽  
Computer Technology ◽  
Objective Assessment ◽  
Criminal Prosecution ◽  
Legal Personality ◽  
Legitimate Interests ◽  
Widespread Dissemination

The article is devoted to current threats to information security associated with the widespread dissemination of computer technology. The author considers one of the aspects of cybercrime, namely crime using artificial intelligence. The concept of artificial intelligence is analyzed, a definition is proposed that is sufficient for effective enforcement. The article discusses the problems of criminalizing such crimes, the difficulties of solving the issue of legal personality and delinquency of artificial intelligence are shown. The author gives various cases, explaining why difficulties arise in determining the person responsible for the crime, gives an objective assessment of the possibility of criminal prosecution of the creators of the software, in the work of which there were errors that caused harm to the rights protected by criminal law and legitimate interests.

scholarly journals Uwagi w sprawie publicznoprawnej determinacji ram przedmiotowych publicznego prawa gospodarczego

Prawo ◽  
2016 ◽  
Vol 320 ◽  
pp. 57-70
Author(s):  
Witold Małecki
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
Polish Literature ◽  
The Public ◽  
Public Economic ◽  
Economic Law ◽  
Definition Of ◽  
Independent Branch

Comments on the public law framework for the scope of public economic lawThe evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.

scholarly journals Criminal policy in the legal security system

2021 ◽  
Vol 136 (3) ◽  
pp. 105-112
Author(s):  
E.A. Ongarbayev ◽  
◽  
B.R. Sembekova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Activity ◽  
Theoretical Research ◽  
Legal Analysis ◽  
Complex Approach ◽  
Comparative Aspect ◽  
The Republic ◽  
Legal Security ◽  
Analysis System

The article considers issues of legal security through the modernization of criminal law, criminal procedure and criminal execution norms aimed at improving the criminal policy of the Republic of Kazakhstan. The authors carried out an analysis of norms of criminal law, criminal procedural, and criminal executive legislation of the Republic of Kazakhstan. The article highlights some innovations in a comparative aspect, indicating promising directions, ensuring the effectiveness of their application and implementation in law enforcement activity of the subjects of proof. The article reveals mechanisms of criminal policy improvement based on the system-complex approach and application of comparative-legal analysis. System-complex approach has been considered in terms of disclosure of material and procedural norms, determining comprehensiveness, completeness, and objectivity of regular processes of interaction, reflection, and manifestation of objective-subjective factors of formation and development of criminal activity. The mechanism of criminal activity has been disclosed in terms of regulation and management of the process of detection, investigation and prevention based on the principles of legality, objectivity and completeness in the pre-trial and trial processes that determine the factors of implementation of the classification basis of criminal offenses. Comparative legal analysis determined the effectiveness and efficiency of mechanisms to improve criminal policy based on the analysis of theoretical research and practice of foreign countries.

scholarly journals The Contribution of Prof. M.N. Gernet to the Development of Legal Science

2019 ◽  
Vol 13 (3) ◽  
pp. 519-529
Author(s):  
Andrii Lutskyi ◽  
Myroslav Lutskyi ◽  
Boris Kindyuk
Keyword(s):  
Soviet Union ◽  
Criminal Law ◽  
Capital Punishment ◽  
Negative Impact ◽  
Age Groups ◽  
Personal Characteristics ◽  
Security Measures ◽  
Legal Science ◽  
History Of ◽  
Causes Of Crime

The paper presents the biography and systematizes the research of a well-known Russian scholar Prof. M.N. Gernet. The authors single out different spheres of his work: 1) the theory and history of criminal law, including the theory of crime as a social phenomenon, the qualification of criminals and crimes, the concept of criminal law, types of punishment used in different countries as well as social security measures in the form of the penitentiary system, organization of inmates’ labor, their re-socialization; 2) criminal law sociology, including the research of the dependence of the number of crimes on the economic conditions, such as the average salary, housing utility payments, size of dwelling, price of bread and other basic necessities; 3) criminal law statistics whose methods M.N. Gernet actively used, such as survey, questionnaires, observation, experiment, ranging (structuring); thanks to the crime and criminal personality research offices that he organized in different cities of the Soviet Union it was possible to collect data and to systematize it by the causes of crime, types of crimes, personal characteristics of some criminals (gender, age, education, marital status); 4) problems of juvenile delinquency analyzed by scholars using data on age groups of delinquents, which allowed to show the positive effect of the reduction of punishment depending on age, the hearing of cases by the Commission on Minors’ Affairs and a wide use of medical and pedagogical measures; 5) the history of using capital punishment, including a historical overview of using this type of punishment, which gave the scholar an opportunity to show that this measure does not affect the total number of crimes and has a negative impact on the psychological atmosphere in the society manifested through an increased number of civil disobediences and violent crimes; 6) crimes of Hitler’s army against humanity, which M.N. Gernet studied by collecting data on the number of war crimes against civilians, prisoners of war, hostages, analysis of mass shootings and the destruction of cities, villages, cultural monuments and other valuable objects; 7) biographies of legal scholars, including the information that M.N. Gernet collected on the work and contributions to the legal science of such famous lawyers as A.F. Konin, N.S. Tagantsev, V.K. Sluchevsky, I.Ya. Foinitsky, P.I. Lyublinsky, paying special attention to the monographs and textbooks that they wrote.

scholarly journals Evolution of the Concept of Political Corruption in Western and Russian Political Science and Law

2019 ◽  
Vol 7 (2) ◽  
pp. 53-80
Author(s):  
Stanislav Sheverdyaev ◽  
Alina Shenfeldt
Keyword(s):  
Political Science ◽  
Criminal Law ◽  
Political Process ◽  
Political Corruption ◽  
Legal Regulation ◽  
The Political ◽  
Political Processes ◽  
Legal Science ◽  
Business Structures ◽  
Favourable Environment

As a result of intensive international debate and the adoption of a number of renowned international anticorruption conventions and initiatives in the 1990s and 2000s, the issue of corruption has become a convenient theme for different kinds of generalizations in social sciences. However, national legislation does not reflect these developments in its legal regulation due to conservatism inherent in jurisprudence. One of the most evident gaps in this respect is the sphere of political corruption. While political science and political economy for decades have been successful in explaining political processes in different countries as corrupt conspiracies of political elites, business structures, and other actors in the political process, legal science has kept itself separate from such problems and prefers to deal with individual acts of corruption. But if for criminal law such an approach seems logical due to the methodology of the criminal law, for other branches of law which set forth a systemic view on social processes – primarily administrative and constitutional – there seems to be an omission.Nowadays, there is a quite favourable environment for the development of a consistent legal understanding of anticorruption in Russia. This has become possible thanks to current Russian administrative reforms, when the need for a highly professional bureaucracy led to a greater demand for various anticorruption mechanisms. The next possible step in Russia may be an attempt to ensure the effectiveness of well-proven anti-corruption methods of the political system as a whole.In this article we propose a brief background to the evolution of the concept of political corruption in Western and Russian political and legal science, which entails the necessity of complex scientific legal synthesis on this issue, allows to discuss the existing methodological potential and creates new opportunities to build up appropriate systemic legislative models.

scholarly journals Legal foundations of criminal law against mass riots at the stages of the emergence and development of the Russian centralized state

2021 ◽  
Vol 2021 (4) ◽  
pp. 209-213
Author(s):  
Linar Khabibullin
Keyword(s):  
Criminal Law ◽  
The State ◽  
Historical Period ◽  
Russian Society ◽  
State Institutions ◽  
Multi Stage ◽  
Russian State ◽  
Form Of Government ◽  
Legal Foundations

The article presents the author’s vision of the origin and development of the legal foundations of criminal law countering mass riots. It has been determined that riots have accompanied humanity since its inception. The formation of criminal law mechanisms for countering mass riots has a long and multi-stage path of formation and formation, taking into account the specifics of the development of Russian society and the state. At the stage of the formation of the centralized Russian state, acts with signs of mass disorder belonged to a group of crimes that infringe on the interests of the state. The concept of “raiser” was introduced into the official circulation. These included persons calling or organizing uprisings against the current legitimate government. Further evolution of state institutions, within the framework of the Cathedral Code of 1649, made it possible to single out a group of state crimes, the system of which included acts with signs of mass disorder. In the historical period under consideration, the acts classified as mass disorders by their objective nature under the conditions of the monarchical form of government were primarily aimed at the established state order. The study also points to an inextricable link and similarity in a number of legally significant characteristics of mass riots with extremist activities.

State Punishment and International Criminal Law

2017 ◽  
Author(s):  
Christopher Heath Wellman
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
The State ◽  
International Criminal Law ◽  
State Punishment ◽  
Legal Proceedings ◽  
Hard Treatment ◽  
Open Question ◽  
Exclusive Right

Even if we agree that punishment is permissible just in case the person punished has forfeited her right against this hard treatment, it remains an open question as to who may mete out this punishment. If anyone has an exclusive right to punish the wrongdoer, it would presumably be the victim, so those of us who think that the state enjoys sole authority over the punitive process must explain how the state acquires its moral dominion over the criminal legal proceedings. This chapter provides this explanation by arguing that the state violates no rights in claiming a monopoly over the punitive process only because it is uniquely capable of adequately realizing the morally significant aims that a system of punishment can achieve.

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