scholarly journals On some problems of fight against religious extremism in the penal system of the Russian Federation

2019 ◽  
Vol 13 (3) ◽  
pp. 355-360
Author(s):  
V. V. Khruleva ◽  
◽  
I. S. Maslov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Negative Influence ◽  
Religious Organizations ◽  
Penal System ◽  
Religious Extremism ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Impact

The article is devoted to the spread of religious extremism and its counteraction in the penal system of the Russian Federation. The ratio of different points of view of theorists on the topic of religious extremism is given. The article deals with the peculiarities of the legal regulation of the constitutional right to freedom of religion and the activities of the state to prevent and combat the spread of religious extremism in the penal system of Russia. The article highlights the problem of recruitment of new members of extremist and terrorist organizations and the spread of destructive religious teachings. The analysis of the causes and consequences of the penetration of destructive religious organizations into the penal institutions of the Russian Federation is carried out. Attention is drawn to the specifics of the development of religious extremism characteristic of the penal system of Russia, taking into account the impact of norms of criminal behavior on prisoners. The duality of influence of religion as positive character is reflected, so examples of negative influence of the destructive religious organizations on persons serving punishment and the subsequent commission of illegal actions by them are given. The article deals with the issues that reveal the features of the activities of prison staff with persons convicted of crimes of extremist and terrorist nature. The possible ways of their solution, which the staff of the penal system have to face in their daily activities are given.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

Characteristics of convicts serving sentences in correctional institutions of russia

2019 ◽  
pp. 64-74
Author(s):  
Любовь Ильинична Разбирина
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Policy ◽  
Penal System ◽  
Correctional Facilities ◽  
Correctional Institutions ◽  
Criminal Records ◽  
The Social ◽  
The Russian Federation ◽  
The Impact

В статье приведены данные уголовно-правовой характеристики осужденных, отбывающих наказание в виде лишения свободы в Российской Федерации. Цель исследования заключается в том, чтобы показать влияние изменений в уголовной политике государства на изменение численности осужденных, распределение их в зависимости от квалификации совершенных преступлений, по количеству судимостей, назначенному сроку наказания в виде лишения свободы и по другим показателям. Установлено, что произошли существенные изменения в распределении осужденных в зависимости от числа судимостей и по срокам назначенного судом наказания, в распределении по видам исправительных учреждений. Анализ статистических данных ФСИН России демонстрирует, что в исследуемый период значительно возросла доля женщин, осужденных к лишению свободы, а численность несовершеннолетних осужденных сократилась в несколько раз, существенно возросли доля осужденных за преступления, связанные с незаконным оборотом наркотиков, и численность осужденных на срок наказания свыше 10 лет лишения свободы, а также произошли другие изменения. Знание и учет особенностей уголовно-правовой характеристики осужденных в деятельности научных и практических работников будет способствовать повышению эффективности деятельности уголовно-исполнительной системы в решении задач по исправлению осужденных и предупреждению совершения новых преступлений как осужденными, так и иными лицами, - достижении основных целей уголовно-исполнительного законодательства Российской Федерации. The article presents the data of criminal-legal characteristics of convicts serving a sentence of imprisonment in the Russian Federation. The aim of the study is to show the impact of changes in the criminal policy of the state on changes in the number of convicts, their distribution depending on the qualification of the crimes committed, the number of convictions, the appointed term of imprisonment and other criteria. As a result of the conducted researches it is established that there were essential changes in distribution condemned depending on number of criminal records and on terms of the punishment appointed by court, in distribution by types of correctional facilities and other indicators. The analysis of statistical data of the Federal Penitentiary Service of Russia reflects the fact that during the study period the proportion of women sentenced to imprisonment increased significantly, and the number of juvenile convicts decreased several times, the proportion of those convicted of crimes related to drug trafficking and the number of those sentenced to more than 10 years of imprisonment, as well as other changes. Knowledge and consideration of the features of the social and legal characteristics of convicts in the activities of researchers and practitioners will contribute to improving the efficiency of the penal system in solving problems of correction of convicts and preventing the Commission of new crimes by both convicts and other persons, which is the main objectives of the Penal legislation of the Russian Federation.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals PROBLEMS OF DEFINING A LEGAL STATUS OF URBAN FORESTS IN RUSSIA

2017 ◽  
Vol 21 (2) ◽  
pp. 190-197
Author(s):  
O. A. Lavrischeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Urban Forest ◽  
Urban Forests ◽  
Legal Regulation ◽  
Forest Park ◽  
Territorial Planning ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Forest Parks

The paper considers norms of the Russian legislation on urban forests. The main problems of the legal regulation of urban forests within the Russian Federation have been identified and analyzed. The author pays special attention to the absence of a definition of the "urban forests" concept and the criteria for referring forest plantations to urban forests that make it possible to delineate urban forests from other plantations within the settlements, including forest parks. The author points to the fact that there is no criteria for power delineation to protect and use urban forests as well as a clear functional structure of urban forest management at the level of the subjects of the Russian Federation. There is also legal uncertainty about referring forest located in settlements that are not cities to forests. All these gaps in the Russian legislation cause certain difficulties in law enforcement practice. Based on the analysis, the author suggests ways of managing urban forests in the current socio-economic situation in Russia. First of all, it is necessary to introduce a number of clarifications at the legislative level: to regulate the legal regime for using urban forests established for forest park areas in accordance with the requirements of the Russian Federation Code, to establish the norm which will oblige local authorities while preparing and approving the documents concerning territorial planning, to include land plots on which urban forests are located, into recreational areas or zones of specially protected areas. The author believes that these changes in the forest legislation will help to develop and preserve urban forests as a reliable environmental and legal guarantee for the constitutional right of citizens to have a favorable environment.

scholarly journals Improving the legal regulation of incentive measures and penalties applied to those sentenced to imprisonment

2019 ◽  
Vol 13 (2) ◽  
pp. 249-256
Author(s):  
L. A. Santashova ◽  
◽  
E. A. Khudyakova ◽  
Keyword(s):  
Russian Federation ◽  
Law And Economics ◽  
Scientific Work ◽  
Legal Regulation ◽  
General Term ◽  
Educational Process ◽  
Penal System ◽  
Educational Work ◽  
The Russian Federation ◽  
Current Systems

The article analyzes the current problems of legal regulation and the application of incentives and penalties for convicts serving sentences of imprisonment. The scientific work contains a historical content analysis of the current systems of measures of incentives and penalties in different periods of the historical development of society and the penal system of the Russian Federation. Based on the conducted empirical research among 20 employees - detachment commanders from 13 regions of Russia, undergoing advanced training the program «Organization of educational work» in the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, the authors of the article prepared a number of recommendations and suggestions for improving the current legislation and its application in this area. The article draws attention to the exclusion of ineffective incentives from the penal legislation of the Russian Federation, in particular, the award of a gift and a cash prize. Proposals were made to expand the list of incentive measures to ensure the differentiation and individualization of the sentence of imprisonment. The authors made proposals to improve the penalties applied to those sentenced to imprisonment: to increase the size of the disciplinary penalty, taking into account inflation, not to include the convicted person in a punishment cell and a single chamber type in the general term of serving a sentence, to add the list of penalties. In addition, the article deals with the problems of recognizing a convict as a malicious violator of the established order of punishment. The results of the study can be used in the educational process in the study of legal disciplines, in the law enforcement practice of employees of the penal system of the Russian Federation, as well as for further research in this area.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

Civil Identity Formation within Contemporary Informational Space (Historical Policy and Educational Practices)

Istoriya ◽  
2021 ◽  
Vol 12 (11 (109)) ◽  
pp. 0
Author(s):  
Stanislav Malkin
Keyword(s):  
Identity Formation ◽  
Russian Federation ◽  
Professional Training ◽  
Legal Regulation ◽  
Educational Policies ◽  
Educational Practices ◽  
Common Denominator ◽  
Historical Education ◽  
The Russian Federation ◽  
The Impact

The main focus of the article was on the impact of current historical policy affecting the foreign and domestic political interests of the Russian Federation (mainly in the fields of interethnic relations and international law) on the educational strategies of the authorities, designed to facilitate or impede the process of forming a Russian civil identity. Specific historical and contemporary examples show that the latter has long been considered as a humanitarian technology for solving state problems in this field, within the contemporary informational space with a cumulative effect in terms of the space of politically engaged versions of different pages of history, especially closely related to the formation of the contemporary world order. Accordingly, the focus of the study is the contradictions between the historical and educational policies of the Russian Federation, which are analyzed through the lens of the evolution of the aims of the authorities in matters of the historical education and historical memory, their norm-legal regulation and institutional support, as well as real educational practices after 1991. The experience of the several years (since 2014) on the introduction of the historical and cultural standard for teaching the school course of the history is considered as a collective attempt by the authorities and society to lead historical and educational policies to a common denominator in terms of the content and value. The special accent in the article concerns the problems of the teacher professional training for the implementation of the state historical and educational policy of the Russian Federation within given framework, considering the specifics of the contemporary informational space. Both methodological and organizational restrictions were identified in secondary and higher schools (primarily at specialized faculties of pedagogical universities), which have a significant impact on the formation of civil identity through historical education, both at the stage of training pedagogical personnel and in the process of studying the school course of the history.

scholarly journals The Impact of External Risks on Ensuring the Financial and Economic Security of the Russian Federation

2020 ◽  
Vol 16 (2) ◽  
pp. 68-75
Author(s):  
E. M. Aminova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Security ◽  
The State ◽  
Financial Risks ◽  
Forming Process ◽  
Legal Method ◽  
Russian State ◽  
The Russian Federation ◽  
The Impact

Introduction. The article discusses the impact of financial risks on the financial and economic security of the state. In modern economies, the financial sector dominates the economy. Moreover, the development of financial markets has been seen in the past two decades as an independent driver of economic growth. At the same time, “negative processes that occur in a small number of financial market players in one country can cause crisis events throughout the world economy.” Among the main strategic risks and threats to national security in the economic sphere are the low stability and security of the national financial system.Materials and methods. The work uses the following general scientific and special methods of cognition: the method of system-structural analysis, synthesis, induction, deduction, comparative-legal and formal-legal method.Results. As the experience of the last decade shows, the financial and economic security of the Russian state is more influenced by the environmental factors (general economic crisis, geopolitical situation, inflation, payment crisis, climate and biological (epidemiological) risks, etc. The state governance  of ensuring financial and economic security should be a permanent, integrated part of the forming process of state economic policy and legal regulation of russian economy. In order to achieve financial and economic security it is necessary to establish an effective financial and legal mechanism capable to resist emerging risks.Discussion and conclusion. The article revealed the impact of external financial risks that have a significant impact on the financial and economic security of the state. The need to establish an effective state mechanism to ensure the financial security of the Russian Federation is justified. The proposed measures are directed to improve the legal provision of financial and economic security of the Russian Federation. 

scholarly journals The Criminological and Legal Aspects of Using the Deferral of Punishment

2020 ◽  
Vol 14 (6) ◽  
pp. 834-844
Author(s):  
Alexandr Kuznetsov ◽  
Roman Novikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
Socially Relevant ◽  
Chelyabinsk Region ◽  
Key Aspects ◽  
The Impact

The institute of the deferral of punishment is one of the steadily developing institutes of contemporary criminal law in the Russian Federation that reflects a trend for the humanization of punishment, the economy of repressive criminal law measures, and for widening the list of measures and sanctions alternative to punishment. The relevance of the key aspects of research presented in the article is connected with the fact that the evolution of the institute of deferral of punishment in the doctrine of criminal law gives rise to a number of discussions both about the legal nature of this institute, its role and place among other criminal law measures, and the specific features of its application in the practice of law enforcement. Deferral of punishment is a socially relevant institute in Russian criminal law aimed at the correction of convicts without severing their socially relevant links. The impact of the requirements of international legislation on reducing the number of persons isolated from society and a wide use of alternative punishments in Russia have lead to a wider application of the deferral of punishment. The authors analyze specific aspects of the legal regulation of the deferral of punishment, study the criminologically relevant characteristics of persons to whom this criminal law measure is applied, as well as the law enforcement practice of appointing and enforcing the deferral of punishment. They present the results of surveying 250 convicts, and also of interviewing 300 employees of the penitentiary system, who ensure compliance with the requirements of law on the deferral of punishment in a number of regions of the Russian Federation, such as the Udmurt Republic, the Bashkortostan Republic, Kurgan Region, Kirov Region, Sverdlovsk Region, Chelyabinsk Region and Perm Region. The research also includes the analysis of departmental and court statistics, federal legislation and departmental normative acts. The conducted research allowed the authors to present their suggestions on improving the current legislation of the Russian Federation that regulates the penitentiary sphere.

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