MODERN RUSSIAN CRIMINAL POLICY: THE PROBLEMS OF LAW MAKING AND LAW ENFORCEMENT

Author(s):  
Tatiana V. Nepomnyashchaya ◽  
2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.


2018 ◽  
Vol 2 (2) ◽  
pp. 144
Author(s):  
Frans Simangunsong

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice


2021 ◽  
Author(s):  
Виктория Владимировна Зорина

Статья посвящена проблеме владения сотрудниками полиции нормами современного русского литературного языка. Результаты выполнения задания, направленного на применение правил склонения фамилий (морфологические нормы), показали, что сотрудники правоохранительных органов-обучающиеся факультета профессиональной подготовки испытывают определенные затруднения. Полученные данные возможно учитывать при планировании и отборе упражнений для занятий по дисциплине «Русский язык в деловой документации. Культура речи». The article is devoted to the problem of police officers ' proficiency in the norms of the modern Russian literary language, in particular morphological ones. The results of the task aimed at applying the rules of declension of surnames showed that law enforcement officers-students of the faculty of vocational training experience certain difficulties. The obtained data can be taken into account when planning and selecting tasks for classes in the discipline " Russian in business documentation. Culture of speech".


2017 ◽  
Vol 10 (3) ◽  
pp. 51
Author(s):  
Tedie Subarsyah

Political crimes are deemed to be problem, especially regarding their enforcement. Positive law has been set but the political crimes continue to occur. It is presumably caused by unpreparedness of the supporting factors to compensate for sophisticated and varied political crimes, criminal sanctions and a weak political will. As a result, there is a gap because of the breach of the law principles itself. Accordingly, it is necessary to study whether the positive law enforcement can reach all kinds of political crimes, how the criminal policies are formulated and the constraints and solutions to be pursued. In exposing the above issues, this research is descriptive analysis using normative juridical method. Their validity are checked through triangulation examination technique and then analyzed by qualitative analysis. The results revealed that political crimes are crimes against public interest and the occurrence process relates with the power and political activity as their means. If the power and political activity are synergized and strong, the political crimes will find their perfection. Positive law is essentially the result of a series of political processes. Consequently, any enforcement effort of positive law on political crime cannot be completed because political crime always coincides with high-tech, high management and high politic beyond the boundaries of reality (law, morality, culture and common sense). It then develops into a discourse that is planned, organized and controlled to be untouched and unreached crime. Meanwhile, positive law works in a linear-mechanistic way based on doctrine of Legal Positivism or Rechtsdogmatiek by promoting criminal policy in the form of penal policy that in reality had lost much of its authority.


2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.


2015 ◽  
Vol 3 (3) ◽  
pp. 112-116
Author(s):  
Александр Демин ◽  
Alyeksandr Dyemin

Initially, the concept of «soft law», its development, the accumulation of empirical data collation and analysis were carried out as part of the science of international law. The turning point is that «soft law» issue is no more limited by international level. Of course, the «soft law» phenomenon has actually not been explored to the same extent at the level of domestic law systems, than as it has been in the international law. At the same time, it seems profitable to use the «soft law» concept in relation to those various instruments that have a domestic character, which are not formally part of the official source system of law, but which are important for law-making and law enforcement.


Author(s):  
Наталья Полящук ◽  
Natalya Polyashchuk

The article provides general characteristics of legal acts regulating the rule making process in the Republic of Belarus and reveals drawbacks that are subject to rectification as part of further improvement of rule-making. The author justifies the position that monitoring of legislation and law enforcement is an integral component of law making that permits to assess efficiency of legal and regulatory framework and optimize both rule making and law enforcement activity. Nevertheless, among the sources regulating certain stages of rule-making process in the Republic of Belarus, there are no regulatory legal acts that would envisage the necessity to carry out legal monitoring (monitoring of legislation and law enforcement) and set forth its procedure. At the same time the Republic of Belarus has enough potential to form an appropriate system to monitor legislation and law enforcement and enshrine it at the regulatory level. Taking these circumstances into account, the author outlines proposals relating to conceptual content (meaning) of regulatory legal acts on the basis of which the author intends to introduce the institute of legal monitoring into the practice of rule-making authorities (executive officers) in the Republic of Belarus.


Author(s):  
Oleg A. Zaitsev ◽  
◽  
Vladimir P. Kashepov ◽  
Stanislav L. Nudel ◽  
◽  
...  

In the article, the authors consider the problems of the formation and implementation of criminal policy in relation to crimes committed in the field of entrepreneurial activity in the context of the development of criminal and criminal procedural law and law enforcement practice. In the Russian Federation, special attention is paid to building trust between government and business; stability and predictability of legal regulation of economic relations; the formation of a law enforcement system that effectively protects economic rights and freedom of entrepreneurship. At the same time, the current norms on responsibility for crimes of an eco-nomic orientation in conjunction with procedural forms of criminal proceedings, as well as their actual implementation, cause justified concern in the science of law and law enforcement practice due to their imperfection. Ensuring the protection of economic relations should be expressed not only in combating economic crime, but also in the development of effective criminal law and criminal procedural mechanisms for protecting the legitimate interests of entrepreneurs who may be involved in the sphere of criminal proceedings. The leading components of Russian criminal policy in the field of economic security are such forms of legislative transformation as criminalization and decriminalization. The ongoing socio-political and economic transformations necessitate the decriminalization of certain acts (for example, in relation to pseudo-business; deliberately false advertising, consumer fraud, etc.) or require the criminalization of certain acts in the economic sphere (in particular, in relation to the falsification of a single state register of legal entities, illegal retail sale of alco-holic and alcohol-containing food products, etc.) The humanization of legislation is substantiated by modern concepts of substantive and procedural guarantees for ensuring the rights of entrepreneurs, aimed at mitigating measures of criminal repression, the need to maintain a balance of private and public interests that need appropriate legal protection. Modern criminal policy is inevitably associated with the further modernization of criminal proceedings, the democratization of its principles and means of law enforcement. At the same time, the main emphasis is placed on the creation of a special, favorable procedural regime in the conduct of preliminary investigation and court proceedings. First of all, this concerns changes in the procedure for applying preventive measures. In addition, in cases of crimes in the field of entrepreneurial and other economic activity, the criminal procedure legislation has undergone changes, fixing the features: the procedure for considering a report of a crime; initiation of a criminal case against entrepreneurs; the performance of procedural actions with electronic media, other items and documents seized in the course of criminal proceedings; release from criminal liability and termination of criminal prosecution, etc. It is concluded that, within the framework of the state's criminal policy, one should expect changes and additions to criminal and criminal procedural legislation aimed at strengthening trust between the government and business, the formation of a fair law enforcement system that can effectively protect basic economic rights and freedom of entrepreneurship.


2020 ◽  
Vol 17 (3) ◽  
pp. 113-116
Author(s):  
Victor Sevryugin

Introduction. A.A. Gaidukov prepared a monographic study of the administrative and legal regulation of the police in the field of family relations – the dissertation “Administrative and legal regulation of the police in the prevention and suppression of offenses in the field of family relations”, which he submitted for the degree of candidate of legal sciences in the specialty 12.00.14 – administrative law; administrative process and successfully defended at a meeting of the dissertation council at Dostoevsky Omsk State University November 1, 2018. Results. The dissertation is independent completed scientific and qualification work, which contains a solution to an urgent scientific problem of important theoretical and practical importance for uki administrative law in general, and law-making, law enforcement, in particular.


2021 ◽  
Vol 2 ◽  
pp. 3-9
Author(s):  
I.A. Kuz'min ◽  

The problem of correlation of legal phenomena of legal liability and realization of law is investigated from the standpoint of interconnections, interactions and contradictions between them. The sphere of «contact» of legal liability and the realization of law, their main properties at different levels of legal reality, based on the pluralism of the established scientific approaches, has been determined. It is proposed to consider legal liability as a general theoretical and sectoral model at the macro and micro levels. The specificity of the correlation of these phenomena inof the study and possible methodological approaches to its conduct, based on existing legal knowledge, as well as taking into account the real needs of legal practice. It is concluded that it is necessary to form a general theoretical, and then a sectoral methodology for studying the processes of correlation between legal liability and the realization of law for the purposes of law-making and law enforcement.


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