LEGAL FRAMEWORK OF THE RUSSIAN FEDERATION ON COUNTERING OFFENSES IN THE SPHERE OF IMPLEMENTING FREEDOM OF CONSCIENCE AND FREEDOM OF RELIGION

Author(s):  
Damir Ahmedov ◽  
Alexey Nikitin

The necessity to counteract the commission of crimes against freedom of conscience and freedom of religion is an integral part of the criminal law policy of a modern state. At the same time, the development of social relations, achievements of scientific and technological progress, transform existing social relations, which significantly complicates the law enforcement activities of law enforcement agencies, including in matters of ensuring the protection of freedom of conscience and freedom of religion.

Author(s):  
Sergii Penkov

The article deals with research of development of means of operational-search activities (OSA) from ancient times to the present. The stages of the development of OSA tools, including service animals and special equipment, their dependence on scientific and technological progress and the role in combating crime have been considered. The author has concluded that the genesis of the use of service animals suggests that: 1) for many years (from the second century BC) in the law enforcement system used different species of animals, including geese, horses, rats, dogs, etc .; 2) the process of formation of the use of dogs in law enforcement went from the use of the latter in hunting and military affairs to the gradual occupation of a separate link in the structure of law enforcement, in particular dogs began to be used on a professional basis to search for odors, data transmission , protection of objects and people, detention of offenders, etc .; 3) analysis of the practice of using animals allows us to state that the largest and oldest role in law enforcement was played by dogs. From its immergence to the present day, the means of operational and investigative activities are in a state of constant development and improvement. Scientific and technological progress has turned covert means of obtaining information into one of the most effective tools for combating crime. For example, the capabilities of the operational and technical department of the Main Department of the State Tax Service in Dnipropetrovsk region will allow to simultaneously control a significant number of telephone lines, which allows you to effectively confront a permanent organized criminal group, especially at the stage of prepa-ration for crime. The use of such powerful tools on the one hand allows to obtain a huge array of information about the phenomena and processes occurring in the criminal environment, and therefore requires a significant number of experienced professionals to process it and extract information relevant to combating crime. On the other hand, along with information on training and enforcement, law enforcement agencies inevitably receive information on the honor and dignity of citizens that is irrelevant to pre-trial investigations, posing a real threat of abuse. Thus, the requirements for the impartiality of law enforcement officers increase, and the legislator is faced with the task of significantly improving the existing legal framework regulating opera-tional and investigative activities.


2021 ◽  
Vol 23 (1) ◽  
pp. 61-74
Author(s):  
O. Yukhno

 Pressing issues of forensic support of activities of pre-trial investigation and inquiry bodies in countering criminal offenses are outlined. The concept and essence of crime counteraction are considered. The article analyzes the national criminal procedural legislation, departmental regulatory legal framework and their amendments concerning the direction under study, genesis of scientific findings on theoretical and applied issues of forensic support of the activities of pre-trial investigation and inquiry bodies in this direction, as well as the genesis of the concept and essence of forensic science as a science. The modern state of the development of forensic science, current high-priority issues and feasibility of changing the scientific paradigm of forensic science as well as the use of innovations are studied; ways for their improvement are proposed. Theoretical and applied problematic issues of criminalistics are subject to thorough study and resolution. Fundamental changes are required both in criminalistics in general and in particular in its individual areas. The current legislation, law enforcement agencies, forensic science institutions, prosecutors’ bodies and judicial bodies, as well as law enforcement, in which modern advances in science and technology (in particular, computer and telecommunication technologies) are being implemented should be reformed. The article highlights such problematic issues as the improvement of the forensic characteristics of cer-tain types of crimes, forensic techniques combining forensic techniques and tac-tics. The issue of further implementation in law enforcement and forensic expert activities of promising molecular genetic examinations for pre-trial investigation bodies, including the method of DNA analysis is outlined separately and fully. Relying on the results of research, specific author proposals and recommenda-tions are provided on the studied area of activity in general and in individual directions.


Author(s):  
Сергей Владимирович Расторопов ◽  
Ксения Валерьевна Брежнева

В данной статье авторы раскрывают проблему противодействия профессиональной деформации сотрудников правоохранительных органов путем их приобщения к тюремной субкультуре, идеологии «АУЕ» (криминальная инкультурация) начиная от зарождения девиантных мыслей до совершения преступлений, а также рассматривают некоторые вопросы детерминации и профилактики данного явления. Авторы отмечают, что приобщение сотрудников правоохранительной системы России к идеям криминального мира является следствием одного из направлений тщательно продуманной деятельности криминальных авторитетов, находящихся как в местах лишения свободы, так и на свободе, в отношении действующих сотрудников силовых структур. В статье рассматривается возможность привлечения сотрудников к ответственности по ч. 3 ст. 282. 2 УК РФ (Участие в деятельности экстремистской организации с использованием лицом своего служебного положения). Авторами подчеркивается важность уголовно-правового предупреждения в рассматриваемом вопросе. В заключение авторы отмечают необходимость четкого разграничения таких неприемлемых идейных взгляды сотрудников ведомственных структур, как принятие, тяготение, приобщение, поддержание, потворствование, распространение и привнесение в служебно-деловое и бытовое общение норм тюремной субкультуры, с общечеловеческими понятиями: сочувствием, пониманием, сопереживанием, чуткостью, взаимоуважением, взаимопомощью, которые также могут проявляться в работе и с лицами, совершившими преступления. In this article, the author reveals the problem of professional deformation of law enforcement officers by introducing them to the prison subculture, the ideology of «AUE» (criminal inculturation), starting from the inception of deviant thoughts to the commission of crimes by them, and also considers some issues of the determination and prevention of this phenomenon. The authors note that the introduction of the Russian law enforcement system to the ideas of the criminal world is a consequence of one of the directions of carefully thought-out activities of criminal authorities, both in places of imprisonment and at large, in relation to the current employees of law enforcement agencies. The article considers the possibility of bringing employees to responsibility under Part 3 of Article 282.2 of the Criminal Code of the Russian Federation (Participation in the activities of an extremist organization using a person's official position). The authors emphasize the importance of criminal law prevention in the issue under consideration. In conclusion, the authors note the need for a clear distinction between such unacceptable ideological views of employees of departmental structures as acceptance, attraction, communion, maintenance, indulgence, dissemination and introduction into official, business and everyday communication of the norms of the prison subculture, with universal concepts: sympathy, understanding, empathy, sensitivity, mutual respect, mutual assistance, which can also manifest themselves in working with persons who have committed crimes.


2018 ◽  
Vol 55 ◽  
pp. 02011
Author(s):  
Natalia Embulaeva ◽  
Lyubov Ilnickaya

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.


Author(s):  
Mihail Alaf'ev

Numerous changes in the criminal law associated with the emergence of new norms providing for responsibility for criminal liability inevitably raise the question of the validity of criminalization. Its positive solution is possible only if the new criminal law prohibition is established in accordance with the principles of criminalization, one of which is the relative prevalence of the act. The article is devoted to the assessment of the prevalence of petty bribery in order to determine the correctness of the legislative decision to establish independent criminal liability for this crime (Article 2912 of the Criminal Code of the Russian Federation). The main method of research is a statistical method that allows us to establish the prevalence of bribery in the amount not exceeding 10 thousand rubles at the time of the adoption of this legislative decision, and also during the period of validity of article 2912 of the Criminal Code of the Russian Federation, the share of the analyzed crime in the structure of bribery and corruption offences. In addition, the author analyzed 120 sentences of courts for petty bribery. As a result of the research, the author concludes that petty bribery is a fairly common offence in the structure of both bribery and corruption crimes, which indicates its public danger and the validity for the criminal prohibition of its commission. It was established that the establishment of a separate norm on liability for petty bribery allowed law enforcement agencies focusing the efforts to counteract bribery in the amount of more than 10 thousand rubles.


Author(s):  
Vasily Dolinko

The article deals with the issues of criminal liability for abuses in the sphere of procurement for state and municipal needs of the Russian Federation. The state and its law enforcement agencies reliably protect the budget sphere of Russia and its economic sovereignty, effectively protecting our state from the destructive impact of external and internal threats and factors, from dangers and various kinds of negative challenges and risks in the field of economic security of the Russian Federation. The relevance of this article lies in the fact that it indicates that this direction is in the modern mainstream of the world trends in the development of criminal law impact on modern crime in the sphere of ensuring the security of the country’s budget sector, the dominant role in which is played by the state authorities of Russia and institutions of modern Russian civil society, which is very relevant at this time. The originality of the material consists in the fact that at the present time in Russia there is a comprehensive and well-developed theoretical base for the effective formation of a system of criminal legal measures to ensure counteraction to abuses in public procurement, which is legally fixed by the modern legal framework. Among the state bodies, the subjects whose activities are aimed at effectively ensuring the security of the budget sphere of the Russian Federation and its economic entities have been identified. The conclusion of the article is that based on a generalized analysis of the legal framework of the Russian Federation, existing theoretical views and suggestions and comments made by the author, the author proposes a conceptually new approach to the definition of criminal law measures to ensure the security of the budget sphere of the Russian Federation in countering crime in the field of public procurement, the essence of which (in a generalized form) is reflected in the provisions of this article.


Author(s):  
M.D. Chernenko ◽  

The main purpose of confiscation of property as a measure of criminal law is not only the return of criminally obtained property to its rightful owner, but also depriving criminals of the opportunity to dispose of such property. To achieve this goal, the Russian Federation has developed and legislated the rules of various branches of law, including international law, a mechanism for identifying property subject to confiscation and ensuring its execution.


Author(s):  
О. Oliinyk

The purpose of the article is to determine the forms of implementation of the principles of criminal law in the acts of criminal law. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of the research. The general dialectical method of scientific knowledge of real legal phenomena is viewed as the main one among other methodological tools. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law and modelling methods. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of law enforcement acts, criminal law principles have their reflection and content in the acts of application and implementation of criminal law. Each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. Acts of implementation of the rules of criminal law are "manifestations" of the actual behaviour of the subjects of criminal law. Conclusions. According to the results of the study, each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. These are the acts of application of criminal law that embody the greatest number of principles of criminal law mainly due to the reflection of the latter in the documents drawn up by law enforcement agencies (indictments, petitions for coercive measures of medical or educational nature, convictions, rulings, etc.). Keywords: principles of criminal law; acts of implementation of criminal law; acts of application of criminal law.


2021 ◽  
Vol 16 (6) ◽  
pp. 194-201
Author(s):  
T. S. Volchetskaya ◽  
M. A. Avakyan

The paper examines topical issues of countering the most dangerous information and ideological threats both for all mankind and for the Russian Federation, namely extremism and terrorism. The authors present the experience of integrating the fundamental scientific developments of representatives of the school of forensic situational science into the practical activities of the Educational and Methodological Center for the Prevention of Terrorism of Immanuel Kant Baltic Federal University. The authors identify the most typical problems associated with the organization of an effective system of anti-terrorist prevention in the educational environment, and suggest ways to solve them. It is concluded that early detection, prevention and suppression of extremist (terrorist) crimes committed on the Internet contributes to the timely prevention of the spread of the ideology of extremism (terrorism), as well as the involvement of citizens in informal extremist communities. The most important task is to create, on the basis of educational and methodological centers, which are found in all federal universities of the country, the so-called cyber squads from among law students. Combining the efforts of volunteers with certain knowledge in the field of criminal law and forensics will allow us to timely and, most importantly, systematically identify suspicious content in the digital space and signal this to the competent law enforcement agencies.


2021 ◽  
Vol 108 ◽  
pp. 02016
Author(s):  
Andrey Vyacheslavovich Nikulenko ◽  
Maksim Andreevich Smirnov ◽  
Sulaymon Zarobidin Muzafarov

The article is dedicated to necessary defense as a circumstance preventing a crime in the criminal law of the Russian Federation. Goal: to identify advantages and disadvantages of regulating necessary defense as a circumstance preventing a criminal action as envisaged by Article 37 of the Criminal Code of Russia providing liability for crimes committed through excessive self-defense. Methods: a study of respective norms using a systemic method, general scientific methods (structural-functional analysis, comparison, logical method, content analysis of court practice and mass media). Primary results: the research helped to identify advantages and disadvantages of the legal framework of necessary defense as well as significant qualification mistakes of judicial and investigative practice. Conclusions and novelty of the research: insufficient efficiency of the existing approach to problems of qualifying necessary defense and ways are proposed to solve these problems, namely, by correcting the Decree of the Russian Federation Plenum of Supreme Court dated September 27, 2012, No. 19 On Judicial Use of Legislation on Necessary Defense and Causing Harm in Arrest of Perpetrators. Due to ambiguousness and inconsistent practice of using criminal law norms concerning necessary defense, it is proposed to use, in the further reconstruction of respective norms of Article 37 of the Criminal Code of the Russian Federation, a list-based approach to legislative wording of these norms that allow the defender to inflict any harm to the offender. An easily understandable wording is created, which permits lawfully causing harm to social relations protected by criminal law.


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