scholarly journals On some features of convicts who escaped and evaded punishment in settlement colonies and areas of settlement colonies

2021 ◽  
Vol 235 (12) ◽  
pp. 4-14
Author(s):  
DMITRY E. DIKOPOLTSEV ◽  
Keyword(s):  
Empirical Study ◽  
Criminal Law ◽  
Analytical Method ◽  
Statistical Data ◽  
Demographic Characteristics ◽  
Governmental Institution ◽  
Preventive Work ◽  
Induction System ◽  
General Scientific ◽  
The Subject

The article presents the socio-demographic and criminal-legal characteristics of persons who have escaped and evaded punishment in settlement colonies and areas of settlement colonies. The subject of the article is the analysis of statistical data on the results of an empirical study conducted in 2020 by the Federal Governmental Institution «Research Institute of the Federal Penitentiary Service of Russia» on the issues under consideration. The purpose of the article is to analyze the quantitative and qualitative indicators characterizing both the escapes and evasion from serving the sentence, and the persons who have committed them, as well as to give their characteristics. The methodological basis of the study was a combination of general scientific, sociological and special legal methods. The work is based on the analytical method, synthesis, induction, system-structural, formal-logical and technical-legal methods. As a result of the work carried out, statistical data were studied, a typical portrait of a convict who had escaped or evaded serving a sentence in a colony-settlement was compiled. Conclusions are drawn about the necessity and importance of having information on the socio-demographic and criminal-legal characteristics of those who have escaped or evaded serving their sentences in a prison colony-settlement in order to increase the effectiveness of preventive work with this category of persons. Key words: escape, evasion from serving a sentence, colony-settlement, section of a colony settlement, convict, socio-demographic characteristics, criminal law characteristics.

scholarly journals On the issue of carrying out educational work with convictOn the issue of carrying out educational work with convicts registered with the penal inspectoratesctorates

2021 ◽  
Vol 228 (5) ◽  
pp. 20-25
Author(s):  
IRINA A. LAKINA ◽  
◽  
LIDIYA P. PITKEVICH ◽  
Keyword(s):  
Key Words ◽  
Analytical Method ◽  
Scientific Literature ◽  
Educational Work ◽  
Methodological Basis ◽  
Domestic Legislation ◽  
Induction System ◽  
General Scientific ◽  
The Subject

Abstract. The article considers the specific features of educational work with convicts registered with the penal inspectorates. The subject of the article was domestic legislation and scientific literature on the topic under study. The purpose of the study is to substantiate the importance of educational work with the considered category of convicts. The methodological basis of the study was a combination of general scientific, sociological and special legal methods. The work is based on the analytical method, synthesis, induction, system-structural, formal-logical and technical-legal methods. As a result of the work carried out, problematic issues and the specifics of educational work with convicts to punishments not related to the isolation of convicts from society have been investigated. Conclusions are drawn about the importance of such educational work, and proposals are made to improve this work conducted with convicts registered with criminal executive inspectorates. Key words: punishments not related to the isolation of the convicted person from society, educational work, penal inspectorates.

scholarly journals Development of the institution of volunteering as a factor in the resocialization of persons sentenced to punishments not related to isolation from society

2021 ◽  
Vol 231 (8) ◽  
pp. 6-11
Author(s):  
IRINA .A LAKINA ◽  
◽  
LIDIYA P. PITKEVICH
Keyword(s):  
Key Words ◽  
Analytical Method ◽  
Scientific Literature ◽  
Positive Experience ◽  
Study Results ◽  
Volunteer Organizations ◽  
Domestic Legislation ◽  
Induction System ◽  
General Scientific ◽  
The Subject

The article discusses the positive experience of interaction between the penal inspectorates of the Federal Penitentiary Service and volunteer organizations in the execution of sentences and penal measures that are not related to the isolation of the convict from society. The subject of the article was domestic legislation and scientific literature on the topic under study as well as the study results. The purpose of the study is to substantiate the importance of interaction between penal inspectorates and volunteer organizations. The methodological basis of the study was a combination of general scientific, sociological and special legal methods. The work is based on the analytical method, synthesis, induction, system-structural, formal-logical and technical-legal methods. As a result of the work carried out, the positive experience of the practice of involving volunteer organizations in the correction of convicts was studied. Conclusions are drawn about the need for such interaction for resocialization of persons sentenced to punishments other than imprisonment. Key words: volunteering, penal inspections, resocialization, convicts.

scholarly journals Incomplete crime as an object of humanization of the Russian criminal legislation

2021 ◽  
Vol 5 (1) ◽  
pp. 173-184
Author(s):  
V. F. Lapshin ◽  
R. V. Kilimbaev
Keyword(s):  
Criminal Law ◽  
Statistical Data ◽  
Criminal Policy ◽  
Criminal Code ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
General Part ◽  
Criminal Legislation

The subject. The article is devoted to the problems of simultaneous harmonization between the policy of humanization of the Russian criminal law and the reduction of the crime rate in society. The institute of incomplete crime is proposed as one of the promising areas of humanization of criminal legislation. The authors analyze the norms of the Russian Criminal Code which determine the essence of an incomplete crime, as well as the specifics of imposing punishment for its commission. The subject of the research also includes the strategic provisions of the Russian legislation, which reflect the main directions of the implementation of contemporary criminal policy, its goal and objectives. The purpose of the article is to confirm or dispute hypothesis that it is inadmissible to criminalize the actions committed at the stage of preparation for the commission of an intentional crime, as well as it is admissible to mitigate the liability for attempted crime. Research methodology and techniques are represented by a number of general scientific and specific scientific methods of cognition, used primarily in humanitarian research. The establishment of regularities between the growth of crime rates and the degree of criminalization, determined in the current criminal legislation, is ensured by the use of the dialectical method of cognition. The methods of analysis and synthesis were used to compare statistical data on the state of crime in Russia and the dynamics of the number of convicts serving imprisonment. Various methods of formal logic were applied in the process of evaluating measures aimed at ensuring the humanization of modern Russian criminal legislation. The method of comparative legal research was used to study the content of the norms on responsibility for an incomplete crime. The result of the study is proof of the necessity to decriminalize actions that are currently defined as "preparation for the commission of a grave or especially grave crime." The necessity of a significant reduction in the degree of punitive criminal-legal impact on persons found guilty of an attempt to commit an intentional crime has been substantiated. Conclusions. It as expedient to partially decriminalize an incomplete crime and exclude this institution from the General Part of the Russian Criminal Code. This decision fully complies with the fundamental principles of criminal law: legality, guilt, justice, and will also ensure the effectiveness of the implementation of the modern policy of humanizing Russian criminal legislation.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals Legal discretion in criminal law: general theoretic and branch-wise aspects

2021 ◽  
Vol 108 ◽  
pp. 02015
Author(s):  
Aleksandr Aleksandrovich Nikitin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Integrated Approach ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
General Law ◽  
General Scientific ◽  
Adequate Evaluation ◽  
The Subject ◽  
Law Making

Pre-requisites: legal discretion in criminal law just as in other branches has only partially been a subject matter of legal analysis. Predominantly, a law-enforcement type of discretion was studied, which is implemented by law-enforcement authorities during criminal prosecution. However, modern surveys in the field of law theory consider discretion as a general law phenomenon including law-enforcement, law-making, and law-interpretation aspects. This suggests the need to study legal discretion in criminal law from new points of view. Moreover, one should also take into account a dual-aspect nature of legal discretion, e.g., a combination of characteristics of the subject implementing discretion and law-regulated relations where this takes place. The research objective is to define an opportunity of affecting subjects implementing individual types of legal discretion (law-enforcement, law-making, and law-interpretation) intended for optimization of the discretion level in criminal law. Methods: a combination of common, general scientific, specific scientific, and specific legal methods. First of all, the paper uses a systemic and functional approach. Results. Legal discretion in legal law is represented by law-enforcement, law-making, and law-interpretation discretion of respective subjects. These types of discretion are interdependent and indissolubly related. Currently, an integrated approach to studying these types of discretions in legal law is poorly discussed in literature. Meanwhile, only this approach allows for a systematic study of legal discretion limits (in general and for individual types) and for adequate evaluation of their efficiency in criminal law.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

scholarly journals Implementation of the norms of criminal law in the process of gradual formation of doctrine on overcoming obstruction of investigation of crimes

2020 ◽  
pp. 63-69
Author(s):  
Igor Vasilievich Verenich
Keyword(s):  
Criminal Law ◽  
Forensic Identification ◽  
Historical Aspect ◽  
Development Patterns ◽  
Historical Aspects ◽  
Integral System ◽  
Physical Chemical ◽  
General Scientific ◽  
The Subject ◽  
Practical Recommendations

The subject of this research is the analysis of implementation of the norms of criminal law in the process of formation of doctrine on overcoming obstruction of investigation of crimes. Literary and theoretical provisions on the matter are reviewed. Emphasis is made on the historical aspects of the formation of stages of forensic doctrine on overcoming obstruction of investigation of crimes as its integral system, assemblage of interrelated ideas of interpretation the development patterns of private forensic theories and doctrines. In the course of research, the author applied the following methods: general scientific, logical, mathematical, special methods of forensics – forensic identification, dactyloscopy, odorology, investigative procedure planning, organization of investigation. The special methods of other sciences include physical, chemical, physicochemical, anthropological and anthropometric, sociological, psychological. The scientific novelty of this work is defined by the historical aspect of formation of stages of doctrine on overcoming obstruction of investigation of crimes; its emergence and establishment; formation and completion of forensic doctrine as an integral system of theoretical provisions and practical recommendations.

scholarly journals Correction of convicts by reorientation of their emotional-volitional qualities

2021 ◽  
Vol 229 (6) ◽  
pp. 56-61
Author(s):  
TATIANA V. KIRILLOVA ◽  
Keyword(s):  
Pilot Study ◽  
Personality Traits ◽  
Key Words ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Preventive Work ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject

The article examines scientific approaches to the study of the emotional and volitional spheres of convicts’ personality, their importance for the organization of corrective impact, corrective and preventive work with various categories of convicts. The subject of the article is the official statistics, scien- tific literature on the problem considered. The aim was to study the emotional and volitional qualities of convicts. The methodological basis of the research was formed by the system-structural, formal-logical methods, general scientific methods of analysis and synthesis. As a result of the work carried out, the concepts of «emotional sphere of personality» and «volitional sphere of personality» were studied in relation to the realities of the penitentiary society. The results of a study of the emotional-volitional qualities of convicts are presented, the classification of convicts according to their emotional-volitional qualities is substantiated. Conclusions are made about increasing the effectiveness of corrective impact on convicts, taking into account the results of the pilot study. Key words: convicts, emotional and volitional personality traits, diagnostics, correction, corrective impact.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

scholarly journals The essence of the object of criminal law protection the structures of dopping crimes

2021 ◽  
Vol 17 (2) ◽  
pp. 23-30
Author(s):  
Daria V. Titlova
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Synthesis System ◽  
Scientific Methods ◽  
Medical Products ◽  
General Scientific ◽  
The Will ◽  
The Subject

The subject of the scientific research is social relations, arising in the process of preparation and participation of the athlete in competitions at the international, Russian and regional levels. The purpose of the research identify the limits of criminal legal protection of social relations in the sphere of sports, related to the consumption of medical products of stimulating and other effects on the human body. Methods and objects of research. The presented work uses general scientific and private scientific methods of cognition, the main of which is: dialectical, formal logical, analysis, synthesis, system-structuraland etс. The object of the research is represented by a complex of relations in the field of sports, the peculiarities of establishing prohibition on the consumption of doping drugs, as well as criminal liability for its violation. The results and conclusions of the research are boils down to the need for systematization and meaningful correction of criminal law norms on liability for declination of the victim to consume drugs that have a stimulating and other effect, and using these drugs against or besides the will of the athlete-victim.

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