“AUE” Extremist Criminal Community

2020 ◽  
Vol 17 (4) ◽  
pp. 75-80
Author(s):  
Mikhail P. Kleymenov ◽  
Margarita G. Kozlowskya ◽  
Andrey I. Savelyev
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Historical Context ◽  
Point Of View ◽  
Youth Movement ◽  
The Third ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Masses

Introduction. The recognition by the Supreme Court of the Russian Federation of the youth movement “AUE” as an extremist organization requires criminological analysis, both from the point of view of the social conditionality of a socially dangerous phenomenon, and in terms of possible criminal planning. Purpose. The goal is to consider the development of the criminal community of AUE and show what exactly determines the degree and scale of its criminality, to suggest the main directions of the strategy for countering this phenomenon. Methodology. Historical, systematic, and logical research methods are used. Results. In the historical context, the abbreviation “AUE” has several interpretations. One of them is indicated in the decision of the Supreme Court of the Russian Federation. The second sounds like this: “the convict way of life is one”, the third - “the convict urkagan unity”. In any case, we are talking about the spread of criminal ideology, which for a long time in Russia was not only ignored, but even “attached” to it in the form of perception and widespread use of Argo by professional criminals in the media. Within the framework of its activities and in its interests, members of the “AUE” committed extremist offenses, as well as mass riots. The movement's activities based on criminal and extremist ideology pose a real threat to the life and health of citizens, society and the state. The lack of attention of law enforcement agencies to this problem allowed the Association “AUE” to involve hundreds of thousands (and by some estimates - millions) of young people in its ranks and take root in the information and network space. The fascination with the younger generations ideas of the “AUE” is a natural result of the marginalization of the population, its sharp differentiation in access to standards of modern civilization, the result of the masses of poor, downtrodden people (F. M. Dostoevsky), located on the periphery of the living space - in the social and territorial dimensions. There is reason to believe that the emergence of the Association “AUE” is one of the embodiments of criminal design carried out by the criminal community of “thieves in law”. Conclusion. Association “AUE” corresponds to the characteristics of an extremist community. However, the strategy to counter this phenomenon should follow a certain order. First of all, it is necessary to block the trend of marginalization of the population. Second of all, it is necessary to establish special control over those objects where criminal ideology is especially actively implanted. The third is to ensure effective monitoring of social networks. And only in the fourth - to address the application of criminal law.

scholarly journals Тhe institute of confiscation of property in Russian criminal law. Lessons of combating proceeds of crime in the assessment of the Supreme Сourt of the Russian Federation

2018 ◽  
pp. 22-30
Author(s):  
Yu. K. Krasnov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Legal Framework ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Practice ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. May and June 2018 saw intensi­fied discussions in Russia around the issue of confis­cation of property obtained by criminal means. These discussions arose after several initiatives of legisla­tors who advocated the strengthening of the role of this institution of criminal law in the legal practice in Russia and after the Supreme Court of the Rus­sian Federation summarized the experience of the use of confiscation in the practice of Russian courts and formulated some recommendations for the courts in the decision of the plenary session of June the 14th .  Materials and methods. The article uses a number of research methods and techniques to ana­lyze the problem such as analysis that allows isolat­ing the trends in the development of the institution of confiscation; comparison which allows evaluating homogeneous processes at different stages of the in­stitute of confiscation of property acquired by crimi­nal means, and generalization which is necessary to summarize the results of the research.  Research results. The use of the institution of confiscation of property obtained by criminal means in the legal practice of Russia has passed several stages. The modern stage began after the institution was restored in the criminal code of the Russian Fed­eration by the Federal law of July 27, 2006 № 153FZ and section VI of the Criminal Code was supple­mented by Chapter 15.1 “Confiscation of property”. This Chapter contains the legislative definition of the confiscation of property (article 104.1 of the Crimi­nal Code) and an indication of the subject of confis­cation, its types and conditions.  Based on the decisions of the plenums of the Su­preme Court of the Russian Federation the article analyzes the practice of this institution in the activi­ties of Russian courts. 12 years of experience in the application of Chapter 15.1 of the Criminal Code, showed that, despite the repeated explanations of the Supreme Court, which dealt with individual crimes, some of the controversial issues remained unre­solved. In this regard the Plenum of the Supreme Court introduced a number of proposals to improve the legal framework of this institution in the draft Resolution.  On June 14th , 2018 the next plenary Session of the Supreme Court of the Russian Federation ad­opted a new detailed resolution on the practice of application of Chapter 15.1 of the Criminal Code and proposed detailed recommendations to improve the application of the institution of confiscation of property obtained by criminal means in the Russian Federation, which are considered and commented on in the article.  Discussion and conclusion. Legal literature discussed the innovations in the Russian legislation related to the institution of confiscation of property obtained by criminal means caused in a very active mode. The views of the authors of articles on this is­sue can be divided into two parts with each havinga lot of supporters. According to the first of them the new place of confiscation of property among the mea­sures of criminal law is justified.  Supporters of the opposite point of view sup­port the exclusion confiscation of property from the system of measures of criminal law as they believe that the legal nature of the confiscation of property belongs to a form of criminal punishment. This is the opinion of the judges. Two-thirds of the judges believe that the confiscation of property should be considered as an additional form of punishment.

scholarly journals ON THE QUESTION OF THE LIMITS OF POWERS OF LEGISLATORS OF THE RUSSIAN FEDERATION SUBJECTS IN IMPROVING SOCIAL LEGISLATION

2020 ◽  
Vol 36 (4) ◽  
pp. 113-116
Author(s):  
D. P. Gevorkyan ◽  
Keyword(s):  
Social Support ◽  
Supreme Court ◽  
Russian Federation ◽  
Social Benefits ◽  
Judicial Practice ◽  
Support Measures ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of determining the scope of legislative powers of the constituent entities of the Russian Federation in the sphere of implementing the principles of the social state and the social rights of citizens. Taking into account the amendment to the Constitution of the Russian Federation, introduced in July 2020, which guarantee “targeted social support of citizens and the indexation of social benefits and other social benefits”, it is necessary to monitor current legislation and judicial practice in the social sphere. In the Republic of Daghestan, a fairly active formation of social legislation began in 2004, in recent years, judicial practice has also developed. The article examines a number of legal positions of the Supreme Court of the Republic of Daghestan and the Supreme Court of the Russian Federation, which must be taken into account in further law-making work on the formation of social legislation of the constituent entities of the Russian Federation. In particular, the legislators of the constituent entities of the Russian Federation in terms of establishing social support measures for certain categories of citizens at the expense of the budget of the constituent entity of the Russian Federation are not entitled to restrict the rights of persons who are established these support measures, in terms of introducing additional conditions for their provision

scholarly journals Mercenary Purpose in Theft: Are There Limits To Broad Interpretation?

Lex Russica ◽  
2020 ◽  
pp. 93-102
Author(s):  
V. V. Khilyuta
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Point Of View ◽  
Broad Sense ◽  
The Supreme Court ◽  
Objective Classification ◽  
The Russian Federation ◽  
Broad Interpretation ◽  
Different Content

The paper deals with the issue of the modern understanding of the mercenary purpose as an element of theft and its forms — fraud, misappropriation and embezzlement. The author closely analyzes the Plenum of the Supreme Court of the Russian Federation Resolution No. 48 dated 30 November 2017 "On court practice on cases involving fraud, misappropriation and embezzlement" in view of the discussion of understanding mercenary purpose in litigation. The author polemically sets out the point of view that it is impossible to interpret a mercenary purpose in a broad sense — as the ability to dispose of stolen property at their own discretion, including in favor of other persons, whose circle is unlimited. It is proved that the term "lucre" cannot reveal the content of the purpose of theft, since lucre is inherent not only in theft, but also in other crimes. "Lucre" can only indicate the attitude of a person to the act of his behavior, the method of committing a crime, but does not characterize the purpose of his actions, as a result of which the concept of mercenary purpose can be filled with different content. Mercenary motives should determine the existence of a mercenary purpose, and non-mercenary motives should exclude the qualification of committed acts as theft of someone else’s property. The explanation of a mercenary purpose proposed by the Supreme Court of the Russian Federation significantly shifts the scope of the presence of elements of theft and transfers them to an earlier stage. Evening a mercenary purpose with the purpose of gaining (receiving) property benefits is not certain, since property benefits can also be extracted from the illegal use of other people’s property. For the objective classification of theft, the motive of the perpetrator’s behavior and the nature of his actions must be essential. Therefore, from the point of view of subjective elements of theft, its purpose should indicate that such an act is aimed at enriching the perpetrator or other persons, the circle of whom should be limited.

scholarly journals “Vpiski” (Overnight Parties): Sexual Aggression of Teenagers

2018 ◽  
Vol 6 (4) ◽  
pp. 139-147
Author(s):  
Elena V. Shulgina
Keyword(s):  
Content Analysis ◽  
Social Network ◽  
Supreme Court ◽  
Russian Federation ◽  
Sexual Aggression ◽  
Statistical Data ◽  
Network Site ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation

The article discusses the study of the phenomenon of popularity of the modern type of youth leisure, overnight parties (vpiska). The essence of the sexual aggression of adolescents is considered, which has a tendency to increasingly manifest itself within such a pastime, is considered. An overview of the statistical data of the General Procuracy of the Russian Federation, as well as data of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation in relation to the recorded number of crimes committed on sexual grounds. The author carried out a content analysis of the materials of the social network site devoted to overnight parties, in order to study their role in the expansion of this type of leisure. Possible approaches to solving the acute problem of adolescent sexual aggression are presented.

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

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