scholarly journals Problems of Defining the Taking Up of the Highest Position in the Prison Hierarchy

2021 ◽  
Vol 3 (13) ◽  
pp. 81-85
Author(s):  
A. A. SHIKOV ◽  
Keyword(s):  
Social Organization ◽  
Russian Federation ◽  
Practical Experience ◽  
Criminal Code ◽  
Theoretical Understanding ◽  
The Social ◽  
Important Quality ◽  
The Russian Federation

In the conditions of insufficient practical experience related to the application of Article 210.1 of the Criminal Code of the Russian Federation, introduced into legislation in April 2019, the theoretical understanding of the issues of occupying the highest position in the prison hierarchy seems relevant and significant. The article puts forward the hypothesis that the prison hierarchy forms the basis of the criminal hierarchy. These phenomena are not identical: the prison hierarchy includes a much larger number of subcategories than the criminal one. An important quality of the prison hierarchy is the variability of the names of its castes, with almost complete rigidity of the general principles of the social organization of prisoners, which determine the existence of a well-established system of informal subordination in penitentiary institutions. We conclude that when determining an individual’s belonging to those who occupy the highest position in the prison hierarchy, one should be guided not so much by their subcultural name (for example, «vor v zakone [code-bound thief]», «smotryashchii [alpha dog]», «polozhenets [mafia enforcer])», as by an assessment of the nature of the actions they commit, the degree of influence on other convicts, the presence of stable connections in the criminal environment and other distinctive criminological signs specified in Article 210.1 of the Criminal Code of the Russian Federation.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

scholarly journals Human capital development in the global-knowledge economy

2020 ◽  
Vol 74 ◽  
pp. 02004
Author(s):  
Nail Gabdullin
Keyword(s):  
Human Capital ◽  
Russian Federation ◽  
Global Knowledge ◽  
Human Capital Development ◽  
The Social ◽  
Pca Method ◽  
The Russian Federation ◽  
Capital Development ◽  
Relevant Factors

The national economy is as competitive as its human capital is effectively capitalized in modern hypercompetitive global markets. The world digital technologies contribute to the globalization of the economy and accelerate the accumulation of human capital by digitizing jobs, providing the population and households with electronic services and data mining technologies. The article analyzes the structure of multivariate data on the factors of human capital development, e-education and the use of ICT by households in Russian regions. The average annual values of the relevant factors of monitoring the development of the information society in the Russian Federation for the period from 2010 to 2017 were selected as factors of each object of analysis. The reliability of the research results is ensured by applying standardization and rationing of the initial matrix of factors, reducing the dimension of the normalized matrix of factors using the PCA method, cluster analysis using the method of EM-maximizing expectations and the hierarchical clustering method. The author has built a rating of regional clusters of the Russian Federation, differing in the quality of human capital depending on the development of electronic infrastructure, availability of digital resources and the features of the social environment.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Features of the legal assessment of remote fraud

2019 ◽  
pp. 226-230
Author(s):  
Pavel L. Pavel L. Serdyuk
Keyword(s):  
Russian Federation ◽  
Insurance Industry ◽  
Criminal Code ◽  
Social Sphere ◽  
Legal Assessment ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
The Relationship

The article discusses the most difficult issues arising in the qualification of remote fraud in the field of computer information. The article examines the relationship to the composition of fraud of such methods of fraud and breach of trust, such as the destruction, blocking, modification or copying of computer information in order to steal someone else’s property or obtain the right to someone else’s property. The investigated composition of fraud is distinguished from such adjacent compositions as fraud using electronic means of payment (art. 1593 of the Criminal code of the Russian Federation), fraud in the insurance industry (art. 1595 of the Criminal code of the Russian Federation), etc. The role of the social sphere in determining the degree of danger of computer fraud as well as possible errors in the qualification of art. 1596 in conjunction with other articles of the Criminal code of the Russian Federation.

scholarly journals Inappropriate spending of budgetary funds as a criminal form of behavior and dysfunction of the modern economy

2021 ◽  
Vol 2021 (4) ◽  
pp. 105-112
Author(s):  
Roman Saninskiy
Keyword(s):  
Russian Federation ◽  
Criminal Behavior ◽  
Criminal Code ◽  
Dangerous Behavior ◽  
Modern Economy ◽  
The Social ◽  
The Russian Federation ◽  
Legal Arguments ◽  
High Level

The article is devoted to the study of a very complex economic and legal phenomenon —inappropriate spending of budget funds. The article presents economic and legal arguments substantiating the need to counteract this kind of delinquent-criminal behavior as a dysfunction of the modern economy. The substantiation of the social and legal conditionality of the criminalization of misuse of budget funds is proposed. A high level of blanketness of the disposition of Article 2851 of the Criminal Code of the Russian Federation. The most controversial examples of misappropriation of budgetary funds are demonstrated, within the framework of which the most frequent problems of qualification of this kind of socially dangerous behavior arise.

scholarly journals INDEPENDENT ASSESSMENT OF THE QUALITY OF SERVICES AS A TOOL FOR ANALYSIS OF ACHIEVING THE NATIONAL DEVELOPMENT GOALS

2021 ◽  
Vol 3 (44) ◽  
pp. 99-114
Author(s):  
S.A. Petrova ◽  
◽  
G.N. Grigor’yants ◽  
I.A. Yasinskaya ◽  
Yu.A. Aleksentseva ◽  
...  
Keyword(s):  
Economic Development ◽  
Russian Federation ◽  
Public Organizations ◽  
The State ◽  
Social Sphere ◽  
The Social ◽  
Socio Economic Development ◽  
The Russian Federation ◽  
Independent Assessment

The relevance of an independent assessment of the quality of the conditions for the delivery of services (IAQ) as a tool for assessing the state of the social sphere is determined by the ability to use it to identify the expectations of a modern consumer, his needs, to detail shortcomings in the delivery of services and develop measures to eliminate them. Independent assessment acts as a form of public control, contributing to the development of civil society, allowing to eliminate problems and improve the system of providing services in the social sphere. The aim of the study is to consider the potential of using IAQ in solving problems of public administration. The research methods used in the work serve as a significant empirical base based on the results of monitoring studies of the implementation of IAQ in the regions of the Russian Federation based on surveys of government representatives and citizens who receive services, as well as on the basis of information provided on the official website for posting information about state (municipal) institutions bus.gov.ru, and have a formal and logical component in terms of conducting a comparative analysis of regulatory sources, using analytical methods of functional and statistical analysis. The choice of research tools was determined by the presence in the current database of the functioning of the IAQ from the moment of its creation in 2013 to the present. The analysis of the results of an independent quality assessment made it possible to identify key shortcomings in the social sphere, the structure of problems that are most often found in the regions and their relationship with the main directions of socio-economic development of the constituent entities of the Russian Federation. According to the results of the study, the hypothesis was confirmed that the incorporation of an independent assessment into the system of executive authorities, which allows to quickly obtain objective data on the state of the social sphere, makes it possible to put its results into practice aiming to analyze the achievement of national goals and ensuring the socio-economic development of Russia. The use of the results of the IAQ to increase the validity and efficiency of management decisions to improve the activities of public organizations for officials of state authorities of the constituent entities of the Russian Federation and representatives of public organizations responsible for their development, allows for a comprehensive impact on improving the quality of life of the population.

A model of socially oriented development of the Russian Federation based on a comparative analysis of traditional models of the social welfare State

2020 ◽  
Vol 19 (2) ◽  
pp. 310-324
Author(s):  
V.V. Sinitsyna
Keyword(s):  
Comparative Analysis ◽  
Welfare State ◽  
Gross Domestic Product ◽  
Social Welfare ◽  
Social Services ◽  
Russian Federation ◽  
The Social ◽  
The Russian Federation ◽  
Social Welfare State

Subject. The article addresses the implementation of socially oriented development in the Russian Federation and in the countries with traditional models of the social welfare State. Objectives. The aim is to perform a comparative analysis of traditional models of the social welfare State and the Russian Federation on the basis of socio-economic indicators (annual average growth in gross domestic product, inequality, unemployment, migration, the share of tax revenues in gross domestic product, indicators in the sphere of education and healthcare), and reveal the specifics of socially oriented development of the Russian Federation. Methods. The study employs methods of statistical analysis, comparative analysis, and graphic interpretation of statistics. Results. The study unveils similar trends in the social development that exist in traditional models of the social welfare State, the focus of public policy on providing at least minimal social guarantees, the use of social insurance, and extended accessibility of quality social services. It also emphasizes differences that are connected with historical principles of social policy, the level of decommodification due to modern economic development. Conclusions. The comparative analysis enabled to identify the presence of elements of considered models in the model of socially oriented development of Russia and directions of further measures for increasing socio-economic indicators, including the increase in life expectancy and quality of life for citizens, improvement of the quality of social services, reduction of inequality, promotion of high rates of economic growth, renovation of equipment and facilities, and training highly qualified specialists.

TRANSFORMATION OF MIGRATION POLICY IN THE COORDINATES OF THE SPATIAL DEVELOPMENT STRATEGY OF THE RUSSIAN FEDERATION FOR THE PERIOD TILL 2025

2020 ◽  
pp. 67-77
Author(s):  
Alexandra G. Grishanova ◽  
Keyword(s):  
Quality Of Life ◽  
Russian Federation ◽  
Migration Policy ◽  
Spatial Development ◽  
Soviet Period ◽  
Territorial Development ◽  
Demographic Development ◽  
The Social ◽  
The Russian Federation

The article examines the problems of transformation of migration policy and territorial devel-opment strategy of Russia in the post-Soviet period. Some aspects of the development of market relations and integration processes in Russia are analyzed in historical retrospect. Conclusions from the comparison of the stages of integration development within the framework of the CMEA and the EAEU are summarized. The objectives of the "Concept of the state Migration Policy of the Russian Federation for 2019-2025" and "Strategy of Spatial development of the Russian Federation for the period till 2025" are analyzed. The inconsistency is noted between the goals of territorial development of the Russian Federation, proposed the "Strategy of spatial development of the Russian Federation for the period till 2025" approaches to reducing uneven socio-economic development of the Russian Federation, the quality of life of Russians, excluding migration as an important mechanism of territorial redistribution of Russians on the territory of the country. The author gives an example of his own participation in the development of theoretical and practical approaches to reduce the severity of the problem of significant territorial differentiation of the quality of life of Russians in the period of administrative-command, planned economy in the RSFSR. Emphasizes the enduring social purpose of the concept of a Unified Settlement System (USS) proposed by B. S. Khorev on the territory of the RSFSR. It raises the question about the need for creative adaptation of the proposed by USS solutions to the social territorial inequalities in the digital economy. The need to use the USS methodology to select and formulate the goal of territorial development of the Russian Federation — the social state. Take into account the specifics of modern processes of globalization — the regionalization, both in the concepts of migration policy and in the strategies of territorial development of the Russian Federation in the coordinates of the prospects for developing and defining the goals of the concept of demographic development within the EAEU, proposed for discussion by S. V. Ryazantsev.

On the compliance of the provisions of Article 185.4 of the Criminal Code of the Russian Federation with the laws of corporate governance

2020 ◽  
pp. 503-514
Author(s):  
Nikolay Ryzhenkov
Keyword(s):  
Corporate Governance ◽  
Stock Market ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Systematic Analysis ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Design And Application

Raiding, along with corruption, has long been one of the most pressing problems for domestic business. For incomprehensible reasons, in contrast to the corruption crimes, which received due attention from the legislator and legal scholars, crimes committed in the stock market, after their reckless introduction, have been deprived of attention for almost a decade. At the same time, the most dangerous methods of raider seizures currently do not fall under criminal law prohibitions at all, and the existing prohibitions, in turn, have such a low legal potential that leaving this problem without atten-tion raises serious concerns. We consider the design and application of Article 185.4 of the Criminal Code of the Russian Federation – Obstruction or illegal restriction of the rights of securities holders, intended to become the “flagship” of anti-raiding legislation. Through a systematic analysis of the prescriptions of the criminal law and a few judicial practice, we identify the low quality of criminal law prohibitions included in Article 185.4 of the Criminal Code of the Russian Federation, we establish and substantiate the impossibility of causing damage in the required amount, we prove the lack of practical need for the relevant norm, we formulate a proposal for its exclusion from the text of the criminal law in full.

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