Criminological assessment of the identity of the offender serving a sentence of imprisonment for crimes related to drug trafficking for the purpose of sale (on the example of the Republic of Belarus)

2019 ◽  
pp. 28-34
Author(s):  
Светлана Михайловна Казакевич
Keyword(s):  
Drug Trafficking ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Educational Work ◽  
Personal Qualities ◽  
Points Of View ◽  
The Republic ◽  
Definition Of ◽  
Illicit Drug Trafficking ◽  
Criminological Analysis

В статье проанализированы имеющиеся в научной литературе точки зрения относительно понятия «личность преступника», представлена авторская дефиниция личности преступника, совершающего преступления в сфере незаконного оборота наркотиков с целью сбыта. Криминологическому анализу подвергнуты осужденные, отбывающие наказание в виде лишения за преступления, связанные с незаконным оборотом наркотиков, по ч. 2, 3 ст. 328 Уголовного кодекса Республики Беларусь. По результатам проведенного эмпирического исследования выявлены особенности социально-демографического, медицинского, уголовно-правового и нравственно-психологического характера, присущие осужденным указанной категории. Обосновывается необходимость осуществления сотрудниками исправительных учреждений постоянного мониторинга личностных качеств осужденных за преступления, связанные с незаконным оборотом наркотиков с целью сбыта, и выработки на этой основе наиболее оптимальных вариантов проведения с ними индивидуальной воспитательной работы. Представлена авторская разработка криминологической модели личности преступника, отбывающего наказание в виде лишения свободы за преступления, связанные с незаконным оборотом наркотиков с целью сбыта. The article analyzes the points of view of scientists regarding the concept of “the identity of the criminal”, presents the author’s definition of the identity of the criminal who commits crimes in the sphere of illicit drug trafficking with a view to marketing. Convicted prisoners who are serving a sentence of deprivation for crimes related to drug trafficking, according to the following parts, are subjected to criminological analysis. 2, 3 tbsp. 328 of the Criminal Code of the Republic of Belarus. According to the results of the empirical research, the peculiarities of the socio-demographic, medical, criminal law, and moral-psychological nature of the convicts of this category were revealed. It justifies the need for employees of correctional institutions to continuously monitor the personal qualities of those convicted of crimes related to drug trafficking with a view to selling, and to develop on this basis the most optimal options for carrying out individual educational work with them. The author presents the development of a criminological model of the identity of a criminal who is serving a sentence of imprisonment for crimes related to drug trafficking with a view to selling.

scholarly journals Theoretical analysis of legislative definition of the regime in correctional institutions: problems and ways to solve them

2021 ◽  
Vol 7 (1) ◽  
pp. 70-75
Author(s):  
V. E. Juzhanin ◽  
D. V. Gorban'
Keyword(s):  
Theoretical Model ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Penal System ◽  
Correctional Institutions ◽  
Scientific Thought ◽  
General Part ◽  
The Russian Federation ◽  
Definition Of

The article provides a theoretical analysis of Part 1 of Article 82 of the Criminal Code of the Russian Federation, which defines the regime in correctional institutions of the Russian penal system. It is noted that this definition does not correspond to the achievements of modern penitentiary scientific thought about the regime. In particular, it is emphasized that the regime cannot provide conditions for serving a sentence, since it includes these conditions. Also, the regime cannot ensure the protection of convicts, supervision over them and separate maintenance of different categories of convicts, since, on the contrary, the latter are the means of ensuring the regime. According to the authors of the article, the legislator incorrectly uses the phrase regime of detention of convicts, meaning regime of serving a sentence, since they are different legal phenomena. It is noted that the most optimal definition of the regime is presented in the theoretical model of the general part of the new Criminal Code of the Russian Federation, prepared by a group of authors, but the authors also subjected this definition to some adjustments.

Reasons to escape from a place of detention by convicts with the right of movement without convoy

2021 ◽  
pp. 525-526
Author(s):  
Nikita V. Cheremin
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Criminal Cases ◽  
Official Statistics ◽  
The Russian Federation ◽  
Large Material ◽  
The Right ◽  
Criminological Analysis

Dedicated to a topical topic for the penitentiary system of the Russian Federation (hereinafter referred to as the PS of the Russian Federation) – increasing the level of security, which is considered in the framework of a criminological analysis of the reasons for escaping from places of detention by a particularly considered category of convicts who are granted the right to travel without an convoy or escort. The commission of such a crime as es-cape not only disorganizes the activities of institutions executing punishment in the form of imprisonment, but also endangers public safety. The actions of the penitentiary system to organize a special operation to search for and arrest escaped criminals requires large material and physical costs. All this speaks of the relevance of the study, which can help in organizing preventive measures to prevent escapes. The purpose of the study was achieved by analyzing the criminal and penal legislation of the Russian Federation, analyzing official statistics, questioning and interviewing the heads of correctional institutions of the PS of the Russian Federation, as well as the special contingent; analysis of some decisions in criminal cases related to Article 313 of the Criminal Code of the Russian Federation for the period 2010–2020. As a result of the study, the characteristic reasons (objective and subjective) of the escapes of the investigated group of convicts were revealed, features are identified, which will allow in the future to organize preventive measures aimed at preventing and preventing escapes among convicts, who were allowed by the administration of the institution to have the right to leave the correctional institutions in order to economic service.

scholarly journals The main means of ensuring a sentence execution in the form of restriction of liberty

2021 ◽  
Vol 3 (1) ◽  
pp. 12-20
Author(s):  
Salomat Niyazova
Keyword(s):  
Criminal Responsibility ◽  
Current System ◽  
Law Enforcement Agencies ◽  
Educational Work ◽  
Legal Norms ◽  
Specific Order ◽  
The Republic ◽  
Psychological Educational ◽  
Definition Of ◽  
Electronic Tracking

Currently, the Republic of Uzbekistan is actively implementing reforms of the penal legislation and the Penal system. Their main tendency is to abandon the previously dominant opinion about the possibility of reducing crime by toughening penalties and to choose a course for strengthening and developing legal norms that promote greater individualization and differentiation of criminal responsibility. However, we have to admit that the current system of punishments does not have measures that can achieve the goal of correcting convicted persons without elements of isolation from society, but under the supervision of competent law enforcement agencies. The relatively rare use of the restriction of liberty, in the author's opinion, is explained by the insufficient development of the mechanism for its implementation, in particular, the means of ensuring its execution. The execution of a sentence in the form of restriction of liberty is ensured by a whole system of means that are closely interrelated. Conditionally, such means can be divided into two main groups: control-supervisory and psychological-educational means. Based on the results of the study, the author comes to the following conclusions. The enforcing means of liberty restriction are designed to create a reliable legal guarantee of the implementation of the principle of punishment inevitability and the fullest possible realization of the goals of punishment. Currently, there is no practice in Uzbekistan of using electronic means of control and supervision of persons sentenced to restriction of liberty. At the same time, only the implementation of the electronic tracking tools specified in the legislation for the control and supervision of persons sentenced to restriction of liberty, the definition of a specific order and methods of surveillance can affect the development of positive experience in the use of electronic bracelets in the Republic of Uzbekistan. A special category of persons sentenced to restriction of liberty is juveniles. When conducting educational work with them, it is necessary to take into account the factors that affect their behavior. In this regard, it is proposed to create a public organization consisting of juveniles at the age of 14 to 18 years, located at the inspection of the sentences execution of the internal affairs bodies and conducting educational activities with juveniles sentenced to restriction of liberty.

scholarly journals Blanketinės dispozicijos Lietuvos Respublikos baudžiamajame kodekse

Teisė ◽  
2010 ◽  
Vol 77 ◽  
pp. 181-193 ◽  
Author(s):  
Pranas Švedas
Keyword(s):  
Criminal Code ◽  
Pros And Cons ◽  
The Republic ◽  
Definition Of

Straipsnyje nagrinėjama blanketinės dispozicijos sąvoka ir jos vartojimo teisinėje kalboje ypatumai. Siū­lomas baudžiamajame įstatyme esančių straipsnių su blanketinėmis dispozicijomis skirstymas į tam ti­kras rūšis pagal atitinkamus požymius. Taip pat straipsnyje pateikiami argumentai už ir prieš blanketinių dispozicijų naudojimą baudžiamajame įstatyme. The article discusses relevant aspects regarding definition of blanket dispositions of articles in the Criminal Code of the Republic of Lithuania. The article proposes categorization of blanket dispositions according to respective features thereof. In addition the article discusses pros and cons of usage of blan­ket dispositions in the Criminal Code of the Republic of Lithuania.nbsp;

scholarly journals CRIMINAL AND LEGAL CHARACTERISTICS OF TRANSNATIONAL CRIME: COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Oleksandra Skok ◽  
◽  
Taisiia Shevchenko ◽  
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Criminal Liability ◽  
Transnational Crime ◽  
Criminal Code ◽  
Foreign Countries ◽  
International Regulations ◽  
Transnational Connections ◽  
The Republic ◽  
Definition Of

This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

Signs characterizing the person occupying the highest position in criminal hierarchy

2020 ◽  
pp. 75-80
Author(s):  
Александр Викторович Сенатов
Keyword(s):  
Russian Federation ◽  
Organized Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation

В связи с изменениями, внесенными Федеральным законом Российской Федерации от 01.04.2019 № 46-ФЗ «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в части противодействия организованной преступности» в уголовном законодательстве появилась ст. 210, предусматривающая уголовную ответственность за занятие высшего положения в преступной иерархии. Данное преступление имеет специальный субъект, обладающий дополнительными признаками, которые должны быть закреплены в законе. Однако в уголовном законодательстве, а также постановлениях Пленума Верховного суда Российской Федерации отсутствует определение данного понятия, а также признаки, в соответствии с которыми необходимо привлечь лицо к уголовной ответственности. В статье проанализированы научные определения «преступная иерархия», «иерархическая лестница уголовно-преступной среды», лицо, занимающее высшее положение в преступной иерархии, а также выделены конкретные признаки, характеризующие специальный субъект, закрепленный ст. 210 УК РФ. Рассматривается опыт борьбы с организованной преступностью в Республике Грузия, а также материалы следственной практики в отношении лица, привлекаемого к уголовной ответственности по признакам состава преступления, предусмотренного ст. 210 УК РФ. Due to the changes made by the Federal law of the Russian Federation of 01.04.2009 No. 46-FZ “On modification of the criminal code of the Russian Federation and the Criminal procedure code of the Russian Federation regarding counteraction of organized crime” to the criminal legislation there was Art. 210 providing criminal liability for occupation of the highest position in criminal hierarchy. This crime has a special subject with additional features that must be enshrined in the law. However, in the criminal legislation, as well as the decisions of the Plenum of the Supreme court of the Russian Federation, there is no definition of this concept, as well as signs according to which it is necessary to bring a person to criminal responsibility. The article analyzes the scientific definitions of “criminal hierarchy”, “hierarchical ladder of criminal environment”, the person occupying the highest position in the criminal hierarchy, as well as the specific features, fixed Art. 210 of the Criminal Code. The article also discusses the experience of combating organized crime in the Republic of Georgia, as well as materials of investigative practice in relation to a person brought to criminal responsibility on the grounds of a crime under Art. 210 of the Criminal Code.

On the issue of the public order concept in the context of criminal law qualification and differentiation of crimes from administrative offenses

2020 ◽  
pp. 122-134
Author(s):  
Vladimir Kokorev
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Public Order ◽  
Normal Functioning ◽  
Public Places ◽  
The Public ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Points Of View ◽  
Definition Of

We consider the concept of "public order". We emphasize that the protection of public order is reflected in a number of provisions of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Based on doctrinal points of view, a list of acts that infringe on public order is established, since not all the norms of these Codes specify that they are aimed at protecting public order from unlawful infringements. At the same time, the legislator does not propose its interpretation, although a number of regulatory legal acts regulating the protection of public order are adopted. Therefore, based on doctrinal points of view, we propose the definition of this concept: public order is expressed in the observance by individuals of the norms of laws, morality in public places, ensuring public peace, the inviolability of the person and the normal functioning of government bodies and local self-government, the activities of public organizations and legal entities. In addition, in the scientific literature there is a position that any crime violates public order (consequently, this also applies to administrative offenses), but based on judicial practice, we conclude that when committing other crimes and offenses that are not related to violation of public order, they do not indicate a violation of public order, and applicable to the analyzed acts there is not always any specification – what exactly is expressed in violation of public order.

scholarly journals Certain Questions of the Criminological Concept of the Definition of «Victim of a Crime»

2020 ◽  
pp. 175-183
Author(s):  
Dmytro VYHOVSKYI ◽  
Tetiana NIKIFOROVA
Keyword(s):  
Twentieth Century ◽  
20Th Century ◽  
Criminal Code ◽  
Narrow Sense ◽  
Crime Victim ◽  
New Science ◽  
The World ◽  
Special Value ◽  
Definition Of ◽  
Criminological Analysis

The article gives an analysis of the views of works of the Ukrainian and foreign scientists in the field of some victimological theories, in particular — definition «victim of a crime». Attention applies on the special value of provocative behavior of the victim in a case of commission of some crimes. Attention is drawn to the fact that provocative behavior is not only important for conducting a criminological analysis of a crime victim, but for qualification of some crimes too (for example — articles no. 118 and no. 124 of the criminal code of Ukraine). To achieve the objectives of the article, studies of criminologists were analyzed. Researches of scientists, who considered the problem of defining a «victim of crime» in terms of psychology, sociology, etc. were also analyzed. It has been concluded that criminological victimology (as an integral part of criminology) is a relatively new science. This situation is explained by the lack of interest of researchers in concepts of «victim mentality», «victimisation», «victim of a crime» till to the late 1940s 20th century. The conclusion was made about regularities between humanistic trends in the world and formation of the concept of "victim of crime" in the middle of the twentieth century. The conclusions are based on the study of the importance of victimological teaching in modern criminology science. Most of them are used by modern criminology scientists’ definitions of «victim of a crime». Attention is drawn to the ambiguity of understanding definition «victim of a crime». This is because some scientists suggest identifying «victim of a crime» with a «person, who suffered from the crime». In our opinion, his understanding is wrong. Also it is specified, that «victim of a crime» can be used in a narrow sense (as the person who is directly caused moral, physical or property damage) and in a broad sense (representative of a certain nation, race, religious trend, social group, concerning which a crime directly was not committed, but who cannot feel safe because of spread of these crimes). Keywords: victim mentality, victimisation, victim of a crime, victimological theories.

scholarly journals The Russian language legal discourse: offences сommitted verbally

2019 ◽  
Vol 17 (3) ◽  
pp. 300-314
Author(s):  
Anton Alekseevich Lavitski
Keyword(s):  
Criminal Code ◽  
Russian Language ◽  
Legal Control ◽  
Practical Research ◽  
Research Findings ◽  
Legal Expert ◽  
The Republic ◽  
Definition Of ◽  
The Russian Language ◽  
Selection Of

The article dwells upon topical issues of the terminological space of the contemporary legal linguistics, namely the concept of the offence committed verbally which is actively used by researchers and practical experts. There is no generally accepted definition of this linguistic and legal category in contemporary scientific and methodological literature which results in variations in its understanding. The articles of the Criminal Code of the Republic of Belarus were used as practical research material. The methodology of the article included the method of overwhole selection of the material and its statistic processing, discourse analysis, systematization and, partly, parameter, semantic and stylistic analysis. In the present paper, the verbal character of the offence is considered through the prism of evaluating the object of legal control which, for the considered type of offence, is the text in the widest sense. This approach is to complete the terminological lacuna and to prevent the emergence of duplicating notions (for example, verbal crime). Accent, which is made on the object component of the misdemeanor, makes it possible to identify three types of such offences, committed: 1) mainly verbally (they dominate in criminal law); 2) often verbally (quite frequent but twice as rare as the first type mentioned in the Criminal Code); 3) verbally (quantitatively compared to the second type). The research findings are considered to be significant for the development of the terminology apparatus of legal linguistics on the whole and linguistic and legal expert studies in particular.

Sign in / Sign up

Export Citation Format

Share Document