scholarly journals Peculiarities of Administrative Cases on Recognition of Information Materials as Extremist and their Examination in terms of Secure Internet Communication

2021 ◽  
Vol 16 (7) ◽  
pp. 159-167
Author(s):  
E. I. Galyashina ◽  
V. D. Nikishin
Keyword(s):  
Russian Federation ◽  
Federal Court ◽  
Administrative Claims ◽  
Law Enforcement Agencies ◽  
Expert Opinions ◽  
Actual Speech ◽  
The Russian Federation ◽  
Information Materials ◽  
Linguistic Assessment ◽  
Necessary And Sufficient

The paper discusses some of the features of administrative cases on the recognition of information materials posted on the Internet as extremist. An analysis of judicial practice in cases of recognition of information materials as extremist (Article 265.8 of the Administrative Procedure Code) highlighted their specifics and problematic aspects associated with expert opinions used to substantiate administrative claims. Presumably, extremist materials are detected by law enforcement agencies during the monitoring of social networks and other Internet resources and are sent for linguistic expertise. If a linguistic expert reveals any signs of extremism, the prosecutor issues a legal opinion and in the interests of the Russian Federation and an indefinite circle of persons applies to a federal court with an administrative claim to recognize information posted on Internet sites as extremist material, i.e. information, the distribution of which is prohibited in the Russian Federation. The paper concludes that to substantiate the arguments of administrative claims, the conclusions of linguistic experts are used, the quality of which determines the validity of the court decisions taken. As the main reason for expert errors, the authors cite the ambiguity of the interpretation of the concept of “extremist materials”, which entails a mixture of information calling for committing an extremist action or justifying or substantiating it, and the actual speech action of calling or justifying or justifying. It seems necessary to change the existing expert approach towards the development of a unified criterion for determining diagnostic complexes of signs necessary and sufficient to substantiate the extremist essence of information materials, taking into account the duality of their legal and linguistic assessment.

scholarly journals Prosecutor's Supervision over Law Enforcement in Countering Extremism in the Conditions of Radicalization and Growth of the Protest Activity of Population: Issues of Theory and Practice

2020 ◽  
Vol 14 (6) ◽  
pp. 855-871
Author(s):  
Pavel Agapov ◽  
Vera Smyslova
Keyword(s):  
Law Enforcement ◽  
Young People ◽  
Russian Federation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Administrative Claims ◽  
Federal Districts ◽  
The Russian Federation ◽  
Information Materials ◽  
Protest Activity

In spite of the undertaken legislative, organizational, law enforcement and preventive measures, the Russian Federation witnesses a trend towards an increase in extremism crimes. The key methods of destabilizing the socio-political and socio-economic situation in Russia include the dissemination of political, religious, nationa­listic ideas that acquire the features of extremist ideology and provoke certain groups of citizens to forcible counteraction to the state; they also provoke the escalation of internal and external extremism threats from «pro-western political forces». It is stated that the most urgent problems currently include radicalization, and the involvement of underage children and young people into protest and extremism activities. The authors use the results of a survey of prosecution bodies’ employees in their analysis of the causes and conditions of the radicalization of Russian young people as well as the assessment of the effectiveness of the work of state bodies to counteract the activities of radical unions and groups using religious and extremist ideology. The authors present a brief analysis of the causes of radicalization, protest activities and manifestations of extremism among young people taking Southern and North Caucasian Federal Districts of the Russian Federation as examples. Using the conducted analysis of the condition of law and order and the practice of law enforcement in the sphere of counteracting extremism, the authors conclude that law enforcers make a number of mistakes in the application of criminal law norms with administrative prejudice (Art. 212.1 of the Criminal Code of the Russian Federation), in the interpretation of the concept of «social group» when qualifying crimes of extremism, in the legal assessment of the activities of sub-culture (mainly, youth) movements and unions when prosecutors exercise their right to petition courts with administrative claims to recognize information materials as forbidden for dissemination on the territory of the Russian Federation, as well as on recognizing unions as extremist and banning their activities. In this connection, the authors draw attention to the necessity of changing approaches to the organization of procuratorial supervision over the enforcement of laws on counteracting extremism in the conditions of radicalization and a growing protect activity of the population, they point out deficiencies in the conducted work, and present a number of specific measures aimed at improving the effectiveness of procuratorial supervision in the sphere of counteracting extremism in the conditions of radicalization and a growing protest activity of the population.

The use of mass media and information and telecommunication networks as an evidence of offences punished for illegal trafficking of items and materials

2020 ◽  
Vol 2020 (4) ◽  
pp. 80-88
Author(s):  
Andrey Antipov
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Illicit Trafficking ◽  
Special Control ◽  
Comprehensive Study

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.

scholarly journals Problems of Professional Training of Youth Liaison Officers for the Russian Federation Law Enforcement Agencies

2019 ◽  
Vol 8 (12) ◽  
pp. 466-469
Keyword(s):  
Russian Federation ◽  
Professional Training ◽  
Social Protection ◽  
Special Role ◽  
Law Enforcement Agencies ◽  
Common System ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Common ◽  
Legal Pressure

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.

Punishability of the acts of extremist orientation provided by Article 282 of the Criminal Code of the Russian Federation

2019 ◽  
pp. 40-54
Author(s):  
Дмитрий Сергеевич Дядькин
Keyword(s):  
Russian Federation ◽  
General Structure ◽  
Real Life ◽  
Criminal Code ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Sharp Growth ◽  
The Russian Federation ◽  
The Moment ◽  
Modern Russian

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.

Specifics of some anti-corruption measures in Russia within the framework of public and state security

2020 ◽  
pp. 541-547
Author(s):  
Tatyana Plotnikova ◽  
Andrey Paramonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Procedure Code ◽  
Illegal Acts ◽  
The Russian Federation

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

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.

FORMS AND METHODS OF PARTICIPATION OF PRIVATE SECURITY GUARDS AND VOLUNTARY PEOPLE'S PATROL IN RESPONSE TO ILLEGAL TRAFFICKING OF WEAPONS

2018 ◽  
pp. 78-95
Author(s):  
Denis Mikhaylovich Denisov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Negative Impact ◽  
National Guard ◽  
Criminal Code ◽  
Private Security ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Security Issues ◽  
The Russian Federation

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.

scholarly journals ACTIONS FOR PREVENTION OF ECONOMIC CRIMES IN THE RUSSIAN FEDERATION

2019 ◽  
Author(s):  
Виктория Дыкина ◽  
Viktoriya Dykina ◽  
Лия Маилян ◽  
Leah Mailyan
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Russian Federation ◽  
Preventive Measures ◽  
Law Enforcement Agencies ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Improvement Of Legislation ◽  
Economic Crimes

The article presents preventive measures for economic crimes, describes the subjects of crime prevention in the economic sphere, and reveals the existing methods for detecting and preventing economic crimes. Among the most important methods, there are: the improvement of legislation in the sphere of regulation of the fight against economic crimes and the motivation of law enforcement agencies for its qualitative implementation.

scholarly journals Итоги и ключевые риски реализации комплексного плана модернизации и расширения магистральной инфраструктуры

2020 ◽  
pp. 98-110
Author(s):  
Светлана Патракова
Keyword(s):  
Russian Federation ◽  
Spatial Development ◽  
Transport Infrastructure ◽  
Strategic Objectives ◽  
Comprehensive Plan ◽  
Expert Opinions ◽  
Economic Distance ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Regional Authorities

Транспортная инфраструктура является одним из факторов социально-экономического и пространственного развития территорий. Принятый в 2018 г. комплексный план модернизации и расширения магистральной инфраструктуры призван разрешить ряд инфраструктурных проблем России, обеспечить развитие транспортных коридоров, повышение экономической связанности. В ходе исследования выявлено, что, несмотря на достижение ряда позитивных изменений в магистральной инфраструктуре, полноценная реализация плана может быть поставлена под угрозу, что обусловлено рядом системных и организационных рисков и проблем. The developed transport infrastructure is one of the factors for the Russian Federation socio-economic and spatial development, as it ensures the area-to-space relationship, helps to reduce the economic distance and increase the migration and transport mobility of the population, etc. However, to implement these objectives successfully, it is necessary to expand and modernize the transport infrastructure, taking into consideration the promising trends. A significant role is assigned to the Federal strategic documents that set out the main provisions, forms, methods and tools for implementing the state policy. The purpose of the article is to identify and systematize risks in implementing the Comprehensive plan for upgrading and expanding the trunk infrastructure until 2025 based on the results of the first full year of its implementing. Methods of monographic, comparative analysis and synthesis, economic and statistical analysis were used during the research. As a result, it was found that the implementation of the Comprehensive plan may be jeopardized, mainly due to non-compliance with the project deadlines as well as due to the institutional risk problems, which were highlighted: inadequate regulatory and methodological framework, that complicates the implementation; difficulties in monitoring the implementation; low level of the list of activities coordination. There are organizational problems and obstacles to the implementation of the plan containing the provisions of the Russian Federation President Decree of May 7, 2018 No. 204 "On the national goals and strategic objectives for the Russian Federation development for the period untill 2024". Studying the plan settings and the main outcomes of its implementation as well as the results of the content analysis of the experts and scientists expert opinions allowed to identify and substantiate the key risks and challenges in the implementation of the Comprehensive plan, which will help to achieve the set goals and objectives. The results of the work can be used by researchers in conducting their research on similar topics, as well as in the activities of the Federal and regional authorities in the development and adjustment of strategies and programs for socio-economic, transport and spatial development.

scholarly journals Anti-corruption measures in the Russian Federation at the present stage of development

2019 ◽  
Vol 2019 (4) ◽  
pp. 99-106
Author(s):  
Yuri Grachev ◽  
Alexander Nikishkin ◽  
Elena Vetrova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Conflicts Of Interest ◽  
Practical Interest ◽  
Civil Servants ◽  
Scientific Article ◽  
Present Stage ◽  
Law Enforcement Agencies ◽  
Stage Of Development ◽  
The Russian Federation

This scientific article is prepared on the basis of normative legal acts, materials of investigative and judicial practice, it deals with the most pressing issues of combating corruption in modern Russia. A special place is given to the presentation of the existing problems of prevention, suppression and disclosure of crimes of corruption at the present stage of development of the Russian Federation. Scientific and practical interest is represented by the stated measures directed on effective counteraction to corruption manifestations, and also offers on their improvement taking into account the developed practice and positive experience of foreign countries. The article discusses and reveals the topical issues of promotion of anti-corruption behavior and anticorruption legal awareness in law schools and with the personnel of law enforcement agencies, in particular, improving the criteria for the selection of candidates for positions of employees. The expediency and applicability of the above measures not only to current and future law enforcement officers, but also to all civil servants and employees of other industries exposed to corruption risks and conflicts of interest are fully justified. The results of the application of anti-corruption measures with their proper use, as well as compliance with the principles of continuity and ubiquity of their implementation. It is indicated that the use of the above means, measures and principles of anti-corruption behavior of civil servants leads to a significant reduction in the number of corruption crimes in the internal Affairs bodies and complicates the further appearance of this type of criminal attacks of corruption orientation.

Sign in / Sign up

Export Citation Format

Share Document