THE IMPLEMENTATION OF CRIMINAL LEGAL RESPONSIBILITY TO FORM AN ANTI-CORRUPTION ENVIRONMENT IN AN EDUCATIONAL INSTITUTION

Author(s):  
OLGA A. ZAGVYAZINSKAYA ◽  
Polina K. Zvereva

In this article, the authors study the history and development of the anti-corruption legislation of the Russian Federation. They also describe the conditions for the exis­tence of a tolerant attitude to corruption in the Russian society. The results show that only an insufficient list of measures to combat corruption is fixed at the federal laws. On the local level, organizations and enterprises need to independently identify, develop and implement comprehensive and highly specialized measures aimed at restricting corruption. Thus, due to the lack of a systematic approach to the formation of an anti-­corruption environment on the local level, there is a risk not to achieve the results of anti-corruption measures. The authors, for their part, propose to promote new ways to form intolerance to corruption and call for the creation of an anti-corruption environment in the educational organization with the help of anti-corruption ideology. Since the phenomenon of corruption is often associated with regulations and mechanisms of public administration, the researchers emphasize that combating corruption in education is an important and necessary task since corruption has an extremely negative impact on the goals and objectives of educational policy in the Russian Federation. The case of the University of Tyumen shows the specific results of the application and implementation of anti-corruption measures in the educational organization. The authors propose to improve the mechanism for the application of criminal liability. The new mechanisms will be aimed at improving the anti-corruption legislation to prohibit persons who have previously been convicted of corruption crimes to work in an educational organization.

Author(s):  
Vаleria A. Terentieva ◽  

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.


2021 ◽  
pp. 42-49
Author(s):  
V.P. Soloviev ◽  
◽  
T.A. Pereskokova ◽  

Discussed is the problem of upbringing activities in the system of vocational education. In recent years this problem has not received much attention. To correct this situation, in July 2020 amendments were made to the law “On Education in the Russian Federation” about the problem of upbringing of students. Approved that it is necessary to include a working program of upbringing of students in educational programs. It is proposed that at the beginning the educational organization should develop a generalized program of upbringing of students and a calendar plan of upbringing activities. A variant of the program of upbringing of students at the university is given.


2021 ◽  
Vol 273 ◽  
pp. 10016
Author(s):  
Elena Millerova ◽  
Igor Napkhanenko ◽  
Alexander Fedorov

This article is devoted to the study of the negative aspects of the impact of the Internet on the life and health of persons who have not reached the age of majority in Russia (that is, the age of 18), as well as the criminal law and forensic possibilities of countering this. In the article, the authors goes by the types of information that are legally prohibited for distribution among minors in the Russian Federation. Having analyzed the types of this prohibited information, the authors identified exactly those types that can threaten the life and health of children. The article examines the problematic aspects of familiarizing minors with such information on the Internet, analyzes the norms of the Criminal Code of the Russian Federation, which provide for criminal liability for the distribution of this information on the Internet. The practical aspect of this study is expressed in the analysis of the issues of qualification of such crimes, their differentiation with similar elements of administrative offenses. As a result of the analysis of these criminal law norms, the authors have identified a number of gaps that need to be filled. In this regard, in order to increase the effectiveness of the criminal law struggle against the negative impact of the Internet on the life and health of minors, some amendments to the articles of the Criminal Code of the Russian Federation are proposed. The article also analyzes the forensic aspects applicable to this topic, namely, it examines some features and problems of identifying, disclosing and investigating crimes committed against minors with the use of the Internet. The author's conclusions and suggestions on this matter are expressed.


2019 ◽  
Vol 9 (4) ◽  
pp. 103-119 ◽  
Author(s):  
A.V. Milekhin ◽  
I.B. Umnyashova ◽  
I.A. Egorov

Drug addiction is a mental illness and is included in the list of socially significant diseases that cause significant damage to society. From the expert point of view, adolescence is one of the sensitive periods for the contraction of the disease development. Prevention of drug addiction in the student community is one of the activities of the university, ensuring the preservation and strengthening of the health of students. The main concern of primary prevention of drug addiction in the university is the construction and development of students' values of their own health and motivation to maintain a healthy lifestyle. The article provides an analysis of the regulatory legal documents of the Russian Federation governing the organization of primary prevention of drug addiction in the educational institution of higher education. The necessity of an integrated approach to the organization of preventive activities at the university is emphasized, based on the requirements of the legislation of the Russian Federation in the field of drug prevention in the youth environment and taking into account the ethical principles of the organization of psychological and pedagogical support in an educational organization.


Author(s):  
Vladimir Suchkov ◽  
Vladimir Filonov

The authors examine the juridical idea of extremist used in the criminal law of the Russian Federation. This work is an attempt to solve the problem of differentiating between this concept and the freedom of expression. The establishment of boundaries and limits of these phenomena is important for both lawmakers and law enforcers. The authors use the attributes of the phenomenon of «extremism» in an attempt to understand its form and contents. To achieve this, they analyze views on different scholars on extremism, the law and its amendments, clarifications of the highest court authorities of the country regarding the object of this research, and study the doctrinal practice of experts – linguists and psychologists. They synthesize the discovered meanings of extremism and identify its features. The obtained information allowed the authors to conclude that the definition of extremism formulated in the law is not precise, it lacks clear boundaries and, at the categorial level, could be viewed as an abstract concept. This concept, incorporated in the law, has a negative impact on the quality of the law and impedes the right choice of interpretation by national courts. The fuzziness of legal prescriptions has not yet been eliminated by the Constitutional Court of the Russian Federation and the law enforcement practice of the Supreme Court of the Russian Federation. All this creates endless opportunities for interpreting the law at the local level. The authors present disturbing statistics that show a tremendous growth in the number of offences in this area in recent years. They believe that the cause of the problem is the above-mentioned law that allows excessive interpretation by the law enforcer. The presented research deals with the bottlenecks of constitutional law as it analyzes the freedom of expression with its boundaries and limits. The authors discuss the conflict of constitutional and criminal laws from the viewpoint of enforcing specific law clauses. The research includes constructive criticism of the instruments used by experts (linguists and psychologists) who perform their tasks for criminal cases and materials on speech goals, which belongs to the domain of criminalistics. The authors present their own vision of this problem based on the opinion of scholars, historical experience and court practice.


Author(s):  
E. P. Tatyanina

The national program “Digital Economy of the Russian Federation” and the modernization of education, the transition to new professional standards, the need for personnel with digital competencies, make it necessary the automation of the main and auxiliary business processes of the educational organization at different levels of management. The article presents the results of the research, the object of which is the management of educational, scientific and educational activities, the subject of the research is the process of creating a unified information and educational environment of the university, the purpose of the research is the automation of business processes that contribute to the adoption of competent and operational management decisions in accordance with the Federal Law “On Education in the Russian Federation”. The article deals with the issues of designing the educational environment of university on the basis of object-oriented and structural approaches. The experience of an educational organization in designing a unified information space based on modules (subsystems) that automate the main business processes related to the management of educational activities in the South Ural State Humanitarian Pedagogical University is described. The article describes the software solution used by the university to achieve its goals by integrating it into the main and auxiliary business processes. The experience of designing a unified information and educational environment based on the 1C:University PROF system at the South Ural State Humanitarian Pedagogical University can be used by other educational organizations to build an integrative management system based on ready-made software systems.


2020 ◽  
Vol 2 (3) ◽  
pp. 31-35
Author(s):  
L. K. CHEKKUEVA ◽  
◽  
Z. R. KOCHKAROVA ◽  

The article considers the role and importance of local taxes in the formation of consolidated budget revenues of the Russian Federation. The analysis of income taxes and fees in the consolidated budget of the Russian Federation. The actual problems associated with the expenditure obligations of local budgets include: the discrepancy between the scope of powers of local governments to the material and financial resources available to them; a weak revenue base; the imbalance of the local government budget. One of the main problems of local governments is an acute shortage of material and financial resources, which in turn has a negative impact on the implementation of state programs of socio – economic nature at the local level. The main measures to improve the real situation of local budgets of the RF subjects are proposed.


2021 ◽  
Vol 12 (4) ◽  
pp. 14-28
Author(s):  
Vitaly N. Naydenko

The article analyses the activities to prevent and suppress ethnic conflicts, activities that form a major component of the national security system of the Russian Federation against extremist, including terrorist, threats. The article examines the features and the degree of influence of the main factors on the activities of state structures, religious organisations, public associations for the prevention and suppression of interethnic conflicts. The survey of twenty experts who are highly qualified specialists in the field of countering ethno-extremism conducted by the author using the methods of questionnaires and in-depth interviews, as well as the results of mass sociological studies and analysis of scientific works and media publications on the topic of the research allowed to determine the degree of influence of the main factors on the ethno-conflict sphere. It was revealed as a result of the research, that the Russian Orthodox Church, traditional Muslim organisations and public law enforcement organisations, primarily Cossack organisations and voluntary people's guards, have the most positive influence on activities to prevent and suppress ethnic conflicts. The factor of "spreading the ideology of the" Russian world "" in the context of aggravated relations with Western countries has practically no effect on anti-conflict activities in the ethno-national sphere. Attempts to support foreign followers of the Russian patriotic project evoke nothing more but Russophobic reaction from the political elites in a number of foreign states. Such factors as “deficiencies in educational and upbringing activities”, as well as “pandemic”, have a negative impact on the activities aimed at preventing and suppressing ethnic conflicts in Russia. The worst influence on the prevention and suppression of ethnic conflicts, according to the experts interviewed, have “activities of elites in national formations”, “migration policy”, as well as “development of Internet communications and social networks”. The author proves that taking into account the peculiarities and degree of influence of the main factors on activities to prevent and suppress ethnic conflicts will not only allow the authorities to ensure the protection of the Russian society from ethno-national threats but also to more effectively solve important tasks of strengthening the all-Russian self-awareness and spiritual community of the Russian nation, harmonising ethno-national relations and state-civil consolidation in the Russian Federation.


2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
. Чан Тхи Ту Ань ◽  
. Chan Tkhi Tu An

Criminal responsibility is one of the types of legal responsibility. State agencies apply it to persons for the commission of a crime. Imposing of criminal penalties on a juvenile who has committed a socially — dangerous act is a challenging problem in criminal legislations in all countries. Age is one of a criminal’s mandatory basic characteristics that influences the differentiation of criminal responsibility for persons, who committed crime. The issue of determining the minimum and general age threshold for juveniles’ criminal responsibility is recognized to be a challenging problem. The article analyzes the importance of the age of criminals and the age of juveniles who commit crimes, for differentiation of their criminal responsibility, regulated by the Criminal Codes of the Russian Federation and the Socialist Republic of Vietnam. The author analyzes the problem of age determining when a person becomes criminally liable. The author provides recommendations on making alterations and amendments, related to determination of age limits for criminals, into the criminal legislations of Russia and Vietnam. The purpose of this article is the analysis of the age for criminal responsibility and the age of juveniles, the problem of lowering the minimum age of a criminal, and also the issue of dividing juveniles into several age groups. On the basis of the analysis, the author proposes improvements to the provision about the age of criminal responsibility in general, and the age of juveniles in particular.


REGIONOLOGY ◽  
2019 ◽  
Vol 27 (4) ◽  
pp. 633-660
Author(s):  
Elena B. Dvoryadkina ◽  
Elizaveta A. Belousova

Introduction. Adoption of the national strategy of spatial development in Russia has made it especially relevant to develop a scientifically grounded toolkit for managing spatial economic development at the municipal level. The objective of the study is to investigate the foreign best practices of spatial development and to assess their applicability when controlling the spatial economic development of the municipal districts of the Russian Federation, which are the principal type of municipalities in rural areas. Materials and Methods. The research was based on the comparative method, within the framework of which the best practices of foreign municipalities similar in some respects to the municipal districts of the Russian Federation were systematized. Empirical and theoretical studies, reports and guidance materials of international organizations, associations and foundations of the local level, as well as official websites of municipalities were used as materials for this research. Results. The systematized review of the best practices from the UK, Sweden, Germany, Italy and Slovenia has demonstrated that Russia’s municipal districts can use the following practices for their economic and spatial development: sharefarming, informal spatial planning, flexible transport solutions. Municipal districts can also involve digital technologies for conducting population surveys and collecting data about the municipality, design facilities that increase the attractiveness of the territory, as well use spatial planning to create decentralized concentration in suburbanized areas. The identified practices can be adopted to readjust the directions of the economic and spatial development of municipal districts, taking into account the level and trends of changes in such parameters of the economic space as saturation, coherence and physical basis. Discussion and Conclusion. The development of a municipality does not necessarily have to be aimed at increasing economic and other indicators through attracting investment and wealthy population, as well as through providing other incentives. The alternative objectives of spatial development can be: to maintain the current indicators and the territorial identity of the municipality, as well as to reduce its negative impact on the environmental situation. The results of the study can be used in the practical activities of regional and municipal authorities when developing and implementing strategic planning documents, as well as for further theoretical conceptualization of the process of economic and spatial development of municipalities.


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