Administrative Prejudice, Humanization and Quality of Justice: the Judgments Big Data on Pilferage Cases Analysis (the Article 7.27 of the Russian Federation Code of Administrative Offences and the Article 1581 of the Criminal Code of the Russian Federation)

2021 ◽  
Author(s):  
Egor Viktorovich Trofimov ◽  
Oleg Gennad'evich Metsker ◽  
David Dokkaevich Paskoshev
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Criminal Code ◽  
The Russian Federation

Administrative prejudice in cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation): how the big data of judicial acts reflect humanization and quality of justice

2021 ◽  
pp. 81-124
Author(s):  
Egor Viktorovich Trofimov ◽  
Oleg Gennad'evich Metsker ◽  
David Dokkaevich Paskoshev
Keyword(s):  
Big Data ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offenses ◽  
The Russian Federation ◽  
Administrative Penalty

The subject of this article is the public relations arising in the context of committing petty theft, as well as research means and methods for assessing the optimization of legislation and law enforcement. Due to the specific structure of administrative prejudice, the article presents the methodology and results of the analysis big data of judicial acts in cases of petty theft (the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation) for assessing the quality of justice and optimization of legal regulation. The research is founded on the original interdisciplinary methodology, which contains the indicator approach along with the set of legal and computer aided techniques, including intellectual text and data mining, as well as machine learning. It is demonstrated that the judgments of conviction do not have considerable differences in the semantics and logical complexity of decision-making in comparison with the ruling on imposition of administrative penalty; the logic of making decisions on the choice of administrative or criminal penalty for petty theft varies, whereby the choice of administrative penalty is more differentiated. Despite the identity of acts related to administrative prejudice, their regulation by different laws leads to different enforcement results. Administrative-tort regulation is more optimal. Administrative responsibility for petty theft is rather humane for the society overall, although for victims, criminal responsibility appears to be more humane. Having analyzed the array of information, the author extracts certain knowledge on the administrative-tort and criminological characteristics of petty theft alongside peculiarities of court proceeding and imposition of penalties, as well as concludes on applicability of the developed methodology towards analyzing big data of case law on administrative and criminal offenses.

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.

Contemporary criminal law policy: a new phase of liberalization

2016 ◽  
Vol 11 (2) ◽  
pp. 94-98
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Legal Rules ◽  
Stage Of Development ◽  
Special Part ◽  
Legitimate Interests ◽  
The Russian Federation

In the article the modern criminal law policy is viewed as a multidimensional socio–legal phenomenon. The author distinguishes several levels of legal policy: theoretical, directive, legislative, institutional and enforcing. The article shows that the modern stage of development of criminal law policy is characterized by strengthening of negative tendencies at all levels of development, formation, organization and implementation of criminal policy. As a result, in the Criminal Code of the Russian Federation inoperative statutes and double regulations appeared, the inclusion of which in the criminal law creates confusion and leads to difficulties in law enforcement practice. Casuistry of criminal law policy is evident not only in norms of the Special part of the Criminal code of the Russian Federation, but also in the requirements of the Special part that violates the consistency of the criminal law, reduces the quality of legal rules and the effective protection of the rights and legitimate interests of citizens by criminal law means. In general criminal policy of Russia at the present stage has the reflective nature, because forms, means and methods of combating crime are determined spontaneously, under the pressure of circumstances, indicating a lack of scientifically proved criminal law policy.

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.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

Risks and economic security of the life support system of citizens in the field of housing and communal services

2020 ◽  
Vol 19 (3) ◽  
pp. 175-191
Author(s):  
Vladimir M. Yakovlev
Keyword(s):  
Quality Of Life ◽  
Russian Federation ◽  
Support System ◽  
Internal Control ◽  
Life Support ◽  
Economic Security ◽  
Security System ◽  
Life Support System ◽  
The Russian Federation

The article analyzes the problems of the manifestation of risks of shadow and criminal activity in the life support system of citizens of the Russian Federation, the dissemination of which requires the development of effective measures to prevent and eliminate them. The most important issue is the formation of an effective economic security system with an emphasis on the new quality of life support for citizens of the Russian Federation in an adequate combination with the high growth rate of NTP in the Russian economy. The new technological structure emerging from the new achievements of scientific and technological progress involves the harmonization of the pace of scientific and technological development, combined with an adequate improvement in the quality of life support for citizens performing such achievements. Owing to this fact formation of new quality of the housing and communal services (HCS) as bases of life support of citizens becomes a prerequisite of increase in performance and intellectualization of human work. With this in mind, early recognition, prevention and elimination of risks of shadow and criminal activities in the housing and communal services system (housing and communal services) is considered as a significant mechanism to increase the effectiveness of the system of comfortable life support for citizens of the Russian Federation. The existing lag in the development of a high-quality and comfortable system for providing citizens of Russia on the basis of housing and communal services, the subject of which is the provision of quality and comfortable services, influenced by numerous risks of shadow and criminal influence, becomes a condition for intensifying economic development and increasing labor productivity on this basis. The need to develop and use modern scientific and technical achievements, especially in the field of digitalization, is emphasized in order to increase the efficiency of the economic security system of housing and communal services organizations based on innovative control mechanisms - internal control, audit, compliance control, taking into account financial investigations in order to prevent and eliminate the risks of shadow and criminal activities in the housing and communal services system.

Assessing the quality of public health in the Russian Federation and Israel: Main problems and solutions

2020 ◽  
Vol 19 (4) ◽  
pp. 618-632
Author(s):  
A.S. Panchenko
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Population Based ◽  
The Public ◽  
Disability Adjusted Life ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Disability Adjusted Life Year ◽  
Practical Recommendations

Subject. The article addresses the public health in the Russian Federation and Israel. Objectives. The focus is on researching the state of public health in Russia and Israel, using the Global Burden of Disease (GBD) project methodology, identifying problem areas and searching for possible ways to improve the quality of health of the Russian population based on the experience of Israel. Methods. The study draws on the ideology of the GBD project, which is based on the Disability-Adjusted Life-Year (DALY) metric. Results. The paper reveals the main causes of DALY losses and important risk factors for cancer for Russia and Israel. The findings show that the total DALY losses for Russia exceed Israeli values. The same is true for cancer diseases. Conclusions. Activities in Israel aimed at improving the quality of public health, the effectiveness of which has been proven, can serve as practical recommendations for Russia. The method of analysis, using the ideology of the GBD project, can be used as a tool for quantitative and comparative assessment of the public health.

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