scholarly journals Technologies in the penal legislation of the Russian Federation

2021 ◽  
Vol 1 (11) ◽  
pp. 47-50
Author(s):  
V.N. NEKRASOV ◽  

The article discusses the impact on the penal legislation the results of the type of innovation activity such as technologies, and the readiness of the domestic legislator for their appearance. The author comes to the conclusion that in order to comply with the rule of legislative technique on the unity of the terminology used, it is advisable in the text of the Penal Code of the Russian Federation to replace the phrase “audiovisual, electronic and other technical means of supervision and control” with “special technical means of control and supervision” and fix in the legal act a specific list of technical means for various types of correctional institutions.

Author(s):  
Любовь Ильинична Разбирина

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.


2020 ◽  
Vol 2 (2) ◽  
pp. 112-116
Author(s):  
Elena Shamshilova

The article is devoted to the process of convicts attracting to work as a means of their correction. The main goals of convicts’ employment are outlined, as well as the problems of regulatory control of this process. The data of the Prosecutor’s office on compliance with the law in correctional institutions in the sphere of attracting convicts to work are analyzed. The study of legislation in the field of convicts’ employment revealed fragmentary regulation of this process, which is explained by the consolidation of norms on attracting this category of persons to work in both the Penal and Labor Codes of the Russian Federation. Taking into account the fact that the basis for regulating issues in the sphere of execution of punishments is the Penal Code of the Russian Federation. The author concludes that it is necessary to make changes to the Penal legislation of Russia in the part concerning the organization of convicts attracting to work, as well as by adding rules on their dismissal. In addition, such problems in the sphere of employment of convicts as the lack of jobs, which entails a high level of non-working convicts, and the organization of remuneration that does not correspond to the stated in the labor legislation, were considered. Possible ways to solve these problems are suggested.


Author(s):  
Vasily N. Nekrasov ◽  

In this paper, the author tried to consider the impact of such innovation results as technology on domestic criminal law and to understand whether the legislator is ready for them. In the current Criminal Code of the Russian Federation, the legislator does not once use a single general concept in relation to technical innovations, which allows to characterize its various elements. At the same time, the legislator traditionally uses such private terms as tools, means, equipment, system, etc. When considering this issue, the first thought that comes to mind is that technical innova-tions in the Criminal Code are regarded as instruments or means of committing a crime. In criminal law theory, there are many points of view on the question of distinguishing between "instrument" and "means" of crime. The Criminal Code of the Russian Federation does not clearly understand the concepts under analysis. Technical innovations, such as equipment by domestic lawmakers, are regarded as instruments and means of committing a crime. The above concepts were traditionally used by the legislator to construct the norms of the Russian criminal law. At the same time, due to the active development of innovation activity, new technical innovations are appearing today, which, firstly, did not exist before, and secondly, they have a number of specific features. At the same time, definitions that were not previously used in the Russian criminal law, which allow judging about new possibilities of technology, which only stimulate the discus-sion about the legal status of technology, both in criminal law and in legislation as a whole, are already in place today. Social relations are undergoing certain changes as a result of innovative activities. In this regard, the object of crime is also being transformed. As a result, a new type of property is emerging, namely intellectual property, which is also subject to criminal law protection. It seems that today there is a need to combine the norms in the field of crimes that infringe on innovative activity into a separate group of norms. These social relations have a number of features that make it possible to consider forming them into a separate type of crime object. Separating groups of crimes in the area of innovative activity will be of great importance. In particular, it will make it possible to establish public danger in relation to a group of crimes and to analyse changes in the degree of public danger of crime depending on the type of quali-fying and attracting circumstances.


2021 ◽  
pp. 33-38
Author(s):  
Maria Gorbunova ◽  
Dmitriy Zelenov

Based on the analysis of the legal framework, the official statistics of the Federal Customs Service of Russian Federation and world practice, the article discusses the issues of banning the export of round timber outside the Russia. The potential economic effect for individual regions and for the country as a whole as a result of such a ban is estimated, as well as the impact on the foreign trade activity of the Russian Federation. In addition, the potential risks associated with the ban on the export of round timber are assessed.


Author(s):  
Anna Shkalenko ◽  
Yulia Tymchuk

The basis of this study is the use of elements of an innovative methodology of post-institutional analysis based on the interdisciplinary synthesis, which involves overcoming the monodimensionality, dichotomization and dogmatism of many concepts of orthodox neo-institutionalism. The main idea of this study is to apply an interdisciplinary approach to study the impact of technological modernization on economic entities and identify priority trends taking into account digital transformation of public relations. The assessment of the current problems under study and the conceptual framework of the study were carried out on the basis of studying and rethinking the results of numerous works by European and Russian scientists, as well as the legislation of the Russian Federation. The regulatory framework covers current domestic legislation in the field of civil, business and tax law, which regulates innovative activities. As a result of the conducted research, it is established that innovative activity is managed by a large number of regulations of various industry affiliation, which do not have any systemic connection with each other. The existing terminological intricacy is revealed in innovation legislation. The current legislation, including at the level of the constituent entities of the Russian Federation, does not set the criteria and the indicators of an innovative organization. This serves as a factor that both complicates obtaining state support and hinders the wider introduction of innovations. The mechanisms of stimulating innovative activity provided by the tax legislation are investigated, and their effectiveness is also evaluated. The article proves the need for adoption of a special Federal Law aimed at regulating innovative legal relations. The need to improve the tax legislation is justified in terms of creating a special tax regime for subjects of innovative activity. It is proposed to expand the measures of state support for innovation activity within the subjects in the Russian Federation by introducing the institute of innovation voucher. The role of responsible innovations for sustainable business development in the period of digital transformation of society is defined.


2020 ◽  
Vol 2020 (3) ◽  
pp. 30-36
Author(s):  
V. Tolstykh ◽  
S. Yampolsky

In the article, the authors disclose the impact of the crisis caused by the pandemic of the coronavirus COVID-19 on the activities of the armed forces of foreign armies, including the Armed Forces of the Russian Federation to carry out defense tasks. A detailed analysis of the ability of the armed forces to withstand a new coronavirus infection and to help neutralize it both domestically and in the international arena is presented. Separately, the issue of managing forces, means and resources under these conditions was considered and a list of additional requirements for the state and military command and control system in the interests of neutralizing the pandemic was proposed.


Author(s):  
Konstantin Konstantinovich Pozdnyakov

The strategic factor for economic growth of the Russian regions is the activation of innovative processes. The problem of increasing innovative activity has been particularly acute in recent years due to the unfolding crisis and extended restrictions on the budget expenditures. The goal of this article consists in the analysis of indicators of innovative activity, and assessment of the impact of budget investments in fixed capital upon the indicators of innovative process in the Central Black Earth Region. The analysis employs the available statistical data on financing of investment processes and results of innovative activity in the Russian Federation, Central Federal District, and Central Black Earth Region. The research relies on the system approach, economic-statistical, logical and expert methods of analysis. The conducted analysis reveals the insufficient level of innovative development in all six zones of the Central Black Earth Region. The innovative processes in the Central Black Earth Region are characterized by low output of innovative products and investment in research and development. The dynamics of innovative processes in the region is of differential nature. There are substantial interregional differences in the indicator values of the expenditures for research and development, and innovation activity, as well as the volatility of indicators of production of innovative goods and services. The clear outsider in the Central Black Earth Region in the Oryol Oblast. The author formulates recommendations that can be used by the authorities of the constituent entities of the Russian Federation in elaboration of state support measures for innovative activity in the Central Black Earth Region aimed at acceleration of their economic development.


2021 ◽  
Vol 15 (1) ◽  
pp. 218-223
Author(s):  
YURII E. SUSLOV

Introduction: the paper analyzes scientific data related to the definition of the phenomenon “lengthy prison term” and demonstrates a relative and conditional nature of this phenomenon. Available scientific research findings in this area suggest that the duration of serving a sentence is an exclusively subjective measure for various criminals. Goal: to identify the impact of the length of prison sentences on convicts in the context of their reformation. Methods: we use general scientific research methods (analysis, synthesis, comparison, generalization). The work is based on the results derived from the analysis of relevant foreign and domestic studies. Results: by analyzing the influence of specific features inherent in correctional institutions, we reveal the following inconsistency: custodial sentences and lengthy prison terms contribute to the adaptation of convicts to prison conditions, development of negative changes in their personality, destructive conduct, etc. In addition, prolonged stay in a correctional institution reduces the impact of major means of reformation such as prison regime, educational work, and socially useful work. Conclusions: when determining the length of prison term, it is necessary to proceed not so much from the nature and degree of public danger of the act, but from individual features of the criminal’s personality, their social environment, and the motive for the crime committed. It is necessary to abandon the quantitative approach to determining the mea sure of punishment expressed in the length of the prison term. Key words: lengthy prison term; serving a sentence; correctional institutions; crime; convicts; reformation; punishment; penal system of the Russian Federation; isolation conditions.


2020 ◽  
Vol 311 ◽  
pp. 02016
Author(s):  
Elena Lobacheva ◽  
Natalia Yadova

The article is devoted to the problem of development and influence of digital technologies on e-Commerce enterprises. The types and forms of digital technologies used in this field are studied the characteristics and features of modern e-Commerce in the Russian Federation are considered. The modern Russian e-Commerce market still lags behind foreign ones in terms of the number of users and assortment, but it shows high annual growth rates. The article substantiates the point of view that the further development of e-Commerce is one of the key drivers of growth of all trade in the Russian Federation and the economy total. So, it is very important to assess not only the current state of the e-commerce market, but also to identify perspective trends in its development. E-commerce analysis of research if indicates that modern digital technologies can shape and control the way that a buyer goes from getting acquainted with a product to purchasing it. Digital technologies help to create new patterns of customer relationship. The article offers an overview of the main areas of use of digital technologies that are used in this field: Big Data and personalization, mobile Commerce, Blockchain technology, social networks. This overview can be useful to the scientific and business communities when conducting research in the field of digital economy, when building business plans and strategies taking into account the use of modern digital technologies in the development of the information society.


2021 ◽  
Vol 15 (1) ◽  
pp. 218-223
Author(s):  
Yurii E. Suslov

Introduction: the paper analyzes scientific data related to the definition of the phenomenon “lengthy prison term” and demonstrates a relative and conditional nature of this phenomenon. Available scientific research findings in this area suggest that the duration of serving a sentence is an exclusively subjective measure for various criminals. Goal: to identify the impact of the length of prison sentences on convicts in the context of their reformation. Methods: we use general scientific research methods (analysis, synthesis, comparison, generalization). The work is based on the results derived from the analysis of relevant foreign and domestic studies. Results: by analyzing the influence of specific features inherent in correctional institutions, we reveal the following inconsistency: custodial sentences and lengthy prison terms contribute to the adaptation of convicts to prison conditions, development of negative changes in their personality, destructive conduct, etc. In addition, prolonged stay in a correctional institution reduces the impact of major means of reformation such as prison regime, educational work, and socially useful work. Conclusions: when determining the length of prison term, it is necessary to proceed not so much from the nature and degree of public danger of the act, but from individual features of the criminal’s personality, their social environment, and the motive for the crime committed. It is necessary to abandon the quantitative approach to determining the measure of punishment expressed in the length of the prison term. Key words: lengthy prison term; serving a sentence; correctional institutions; crime; convicts; reformation; punishment; penal system of the Russian Federation; isolation conditions.


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