scholarly journals Prevention of Criminal Behavior of Minors Who are Sentenced to Punishment without Isolation from Society

2020 ◽  
Vol 4 (91) ◽  
pp. 78-82
Author(s):  
E.V. Rogova ◽  
◽  
M. K. Gajdaj ◽  

The author analyzes the preventive measures that are applied to minors sentenced to punishments without isolation from society, shows their importance in achieving the goals of correcting convicted persons and preventing the commission of new crimes. The preventive part of the activity of specialized courts for minors is considered. The forms and methods of preventive work carried out by criminal executive inspectorates with minors sentenced to punishments not related to imprisonment are investigated, each of the measures is checked for compliance with international standards for the prevention of general crime and the prevention of juvenile delinquency. Conclusions are drawn about the effectiveness of each of the measures, the feasibility of their application in practice on the basis of a comprehensive analysis of these measures. It is argued that the effectiveness of these measures is determined through the inclusion of preventive measures in the system, because all these measures should always be applied in an integrated manner. Special attention is paid to the practice of juvenile courts in the Russian Federation. In these courts, judges are specially trained to work with minors and are well aware of the peculiarities of their behavior, including unlawful behavior, and administer justice. It is noted that the activities of juvenile courts have a positive effect on the organization of preventive work in this area. It is argued that the system of measures of criminal law and penal enforcement should not be perceived as the main one, because preventive work should be carried out with such minors who have not committed a crime, as well as with those adolescents who have already served their sentences. Keywords: prevention, juvenile convicts, punishment without isolation from society, juvenile justice.

Author(s):  
Tatiana Muzychuk ◽  
Svetlana Kulakova ◽  
Boris Spasennikov

The Russian Federation continues its consistent policy of humanizing the conditions for incarcerated women and minors, of law observance in the execution of punishment and the prevention of unlawful violence against inmates. In this connection, optimizing the prevention of prison officers’ unlawful behavior requires new approaches to precluding personality destruction of prison employees that leads to unlawful use of physical violence against inmates. The existing legal basis does not provide any special psychological assistance for specific categories of officers, thus it is important to search for effective methods of preventing unlawful behavior of those employees who have immediate contact with convicts held in lockable premises. The intensity and tension in the work of these officers are caused by their constant contact with the most criminalized inmates, by the necessity to perform their professional tasks in the conditions of covert or open confrontation, provocative or manipulative behavior of criminals. Such conditions increase the probability of unlawful behavior of prison officers, manifested both as one-time, situational reactions and as overall behavioral strategies. Such factors made it necessary to conduct a country-wide research of personal characteristics of this category of officers with the purpose of identifying those features that provoke unlawful behavior. It involved 213 prison officers (representative method of random sampling) from 81 subjects of the Russian Federation; the authors also examined data acquired as a result of specific requests and the analysis of materials on the frequency and characteristic features of unlawful behavior of officers. The research resulted in determining personal profiles of penitentiary system’s employees. It showed that 98 of them (the first group) have an evident complex of negative characteristics (negative profile of personality). It is not recommended for them to work in lockable premises in the future. The researchers recommended 115 officers (the second group) for future work in lockable premises of penitentiary institutions (positive profile of personality). The diagnostics’ results made it possible to determine that the key specific task of psychological assistance for this category of officers is timely identification of inclination for unlawful behavior and the assessment of the effectiveness of correctional measures. Preventive work should be based on the results of screening that determines the level of aggression, depressive conditions, mental tolerance of the officer under considerable psychological and physical stress and extraordinary, extreme situations at work.


2021 ◽  
Vol 36 ◽  
pp. 06037
Author(s):  
Valentina Razumovskaya ◽  
Nadezhda Lunyova ◽  
Olga Kronevald ◽  
Petr Barychnikov

African swine fever (ASF) is a particularly dangerous viral infectious disease causing great damage to pig breeding due to high contagiousness, lethality and need for complete elimination of infected and healthy pigs in the epizootic focus and the threatened zone. The article describes the data on epizootic monitoring of ASF in the Altai Krai for the last nine years. The current legislative acts on the basis of which measures are taken to combat and prevent the disease are presented. The results of laboratory tests for the presence of the ASF pathogen of biological material, plant feed, raw materials and finished products of pig breeding imported from other entities of the Russian Federation are presented. The main preventive measures against carrying ASF carried out by the veterinary service are described. Thanks to the comprehensive preventive work of the veterinary service, the Altai Krai remains a prosperous region for ASF.


2021 ◽  
Vol 118 ◽  
pp. 03024
Author(s):  
Sona Martirosovna Mkrtchian ◽  
Lyubov Valentinovna Lobanova ◽  
Larisa Nikolaevna Larionova

The idea of this study is based on the assumption that the reason for the unjustified application of the criminal law provisions on accounting by law enforcement agencies when punishing various variants of positive post-criminal behaviour, which are varieties of atonement of the harm caused by a crime, is a lack of attention to the nature of atonement as one of the indicators of positive changes in the legal consciousness of a person who has committed a crime, that is, an insufficiently thorough assessment of the characteristics of the personality of the perpetrators, the degree of rooting of antisocial attitudes in their minds, as well as the level of assimilation of legal values and ideals of law-abiding behaviour. The purpose of the study is to identify and study the aspects of the content of the term “atonement of harm” in the meaning provided for in clause “k” part 1 of Art. 61 of the Criminal Code of the Russian Federation, taking into account the interpretation of the corresponding varieties of positive post-criminal behavior as an indicator of a change in the legal consciousness of a person who has committed a credit fraud. The study is based on the widespread use of the formal legal research method in conjunction with the philological, systemic and logical methods of interpreting regulations. A comprehensive analysis of the content of various types of atonement of the harm caused by a crime as the indicators of positive changes in the legal consciousness of a person who committed credit fraud was carried out for the first time. The results of this study can be used to improve the practice of application of criminal-legal means of accounting for positive post-criminal behavior in the form of atonement when imposing punishment not only on credit fraudsters, but also on persons who have committed other crimes. The author’s concept of the criteria that form the content of the varieties of making amends is presented herein.


Author(s):  
Dmitrii Ivanov ◽  
Michail Kulikov

The goal of this research is to identify problems arising during the implementation of international standards for the selection of preventive measures into Russian criminal procedure legislation. The authors specify the concept of international standards of criminal court proceedings, present the specific features of their incorporation into constitutional norms as well as rules in different branches of law. The importance of preventive measures in the general mechanism of legal regulation is shown. The authors prove the necessity of systemic changes in the part of Russian legislation that deals with the legal regulation of preventive measures with the purpose of creating an integrated mechanism of criminal prosecution and protection against it. Key findings of research include: 1) Russian criminal proceedings, including its part regulating the selection of preventive measures, should fully correspond to international standards; 2) international standards are implemented in Russian criminal procedure legislation both indirectly, though constitutional clauses, and directly, through the improvements in the Criminal Procedure Code of the Russian Federation; 3) preventive measures should only be selected if there are sufficient grounds for them, and these grounds are not the at the discretion of officials involved in criminal proceedings, they are real evidence in the materials of a criminal case that is necessary and sufficient for selecting a specific measure from the measures included in the law; 4) circumstances that are taken into consideration when selecting a preventive measure, if they potentially provide for a stricter measure from their general list, should be explicitly laid down in the law, and contrary to this, the list of circumstances that could improve the position of a person is not exhaustive; 5) to give a person an opportunity to defend their position, the possibility of selecting the preventive measure of detention is only feasible for the accused, and should be excluded for the suspect; 6) since the proper behavior of a person, from the position of the prosecution, is to give testimony that proves their involvement in a crime, the corresponding indication that this is necessary to ensure such behavior should be removed from the law when selecting the preventive measure of recognizance not to leave; 7) the supervision of the command staff of a military base over military personnel should not be substituted with an actual deprivation or limitation of the freedom of movement within the territory of the base; 8) when there are no grounds for selecting detention, the court should have a possibility to select any other preventive measure from those included in the law. From the methodological standpoint, this research is an analysis of international normative legal acts and generally recognized principles and norms of international law regulating preventive measures as well as the problems of their implementation in Russian criminal proceedings. The following methods were used: comparative legal, historic legal, sociological, interpretation of law norms, a number of logical methods. The obtained data was used to formulate key conclusions, which made it possible to correctly use a number of terms, and determine the necessity of a systemic improvement of Russian legislation through the introduction of mechanisms that ensure the rights, liberties and lawful interests of a person when selecting a preventive measure.


2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.


2019 ◽  
Vol 12 (2) ◽  
pp. 78-87
Author(s):  
Petru TĂRCHILĂ

Judicial psychology is the science that analyzes and tries to understand the criminal phenomenon in general and its determinant factor in particular, by the complexity of factors that generate it and by the diversity of its forms of manifestation. Although the determining factor of criminal behavior is always subjective being generated by the psychic of the offender, this aspect must be correlated with the context in which it manifests itself: social, economic, cultural context etc. Judicial psychology investigates the behavior of the individual in all its aspects, seeking a scientific explanation of the mechanisms and factors enhancing criminal favors, thus enabling the identification of the preventive measures to be taken to reduce the categories of offenses. It studies the psycho-behavioral profile of the offender, identifying the causes that determined its behavior in order to take preventive measures.The domain of judicial psychology is mainly deviance, conduct that departs from the moral or legal norms that are dominant in a given culture. The object of judicial psychology is the criminal act, correlated with the psychosocial characteristics of the participants in the judicial action (offender, victim, witness, investigator, magistrate, lawyer, civil party, educator, etc.). The science of judicial psychology also analyzes how these characteristics appear and manifest themselves in concrete and special conditions of their interaction in three phases of the criminal act: the pre-criminal phase, the actual criminal phase and the post-criminal phase.


Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.


Author(s):  
E. V. Kovalevskiy ◽  
S. V. Kashanskiy ◽  
I. M. Tskhomariia

One of the malignant neoplasms, which is associated with exposure to only one factor - asbestos fibers, is malignant mesothelioma. At the same time, today there is already convincing evidence of its polyetiology. This indicates the urgent need to expand research in this direction in order to develop targeted preventive measures.


Author(s):  
Dmitriy Ivashinenko ◽  
Elena Burdelova ◽  
Lyubov Ivashinenko

This article presents the results of a study the purpose of which was research of the factors and patterns of aggression in adolescence. Its results are required to find personas, who need preventive work, and features of the system of preventive measures, depending on the structure of the target audience. In 2016 there were 721 respondents who took part in the study, and 1437 in 2019. The method used in this study is the Buss-Durkee test modified by G. V. Rezapkina (BDHI). Results of the study clearly demonstrate that amongst young people there is a high-level spread of severe irritation, especially among young women. Also, the predominance of such components of aggression as negativity and irritation was noted. According to the results, young women more often get irritated than young men, and on the scale of “negativism”, there is no significant differences. Physical aggression was discovered to be more characteristic for young men.


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