Some features of classification of malicious violations of the regime of serving a sentence

2020 ◽  
pp. 28-34
Author(s):  
Андрей Николаевич Гордополов
Keyword(s):  
Russian Federation ◽  
Cell Type ◽  
Federal Target Program ◽  
The Public ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Single Cell Type ◽  
Correction System

В последнее время, в связи с повышением количества осужденных за тяжкие и особо тяжкие преступления в местах лишения свободы, увеличивается количество нарушений режима отбывания наказания. В Концепции развития уголовно-исполнительной системы Российской Федерации до 2020 года, утвержденной распоряжением Правительства РФ от 14.10.2010 № 1772-р, в постановлении Правительства РФ от 06.04.2018 № 420 «О Федеральной целевой программе “Развитие уголовно-исполнительной системы (2018-2026 годы”)» отмечается необходимость ужесточения мер воздействия в отношении злостных нарушителей режима отбывания наказания и недостаточное количество мест изоляции, таких как штрафной изолятор, помещения камерного типа, единые помещения камерного типа. Предметом работы являются критерии признания осужденного злостным нарушителем режима отбывания наказания. Целью работы является получение нового знания в области признания осужденного злостным нарушителем режима для рационального применения меры дисциплинарного воздействия. В статье проводится анализ статистических данных, на основе которых выделяются наиболее распространенные виды злостных нарушений. Вводятся рекомендации по целесообразности признания осужденных злостными нарушителями режима отбывания наказания, исходя из общественной опасности совершенного нарушения. Сравниваются различные классификации злостных нарушений режима. Предлагается новая классификация злостных нарушений. Данное исследование может использоваться при обучении сотрудников, непосредственно принимающих участие в процессе воспитания и исправления злостных нарушителей. Recently, due to the increase in the number of persons convicted of serious and especially serious crimes in places of deprivation of liberty, the number of violations of the regime of serving a sentence has increased. In The Concept for the development of the penal correction system up to 2020, approved by order of the Government of the Russian Federation No. 1772-R; in the Decree of the Government of the Russian Federation dated April 6, 2018. No. 420 “On the Federal target program Development of the penal enforcement system (2018-2026)” notes the need to tighten measures against malicious offenders of the regime of serving sentences, and the insufficient number of places of isolation such as a penal isolation unit, cell-type premises, single cell-type premises. The subject of the work is the criteria for recognizing a convicted person as a malicious violator of the regime of serving a sentence. The purpose of the work is to obtain new knowledge in the field of recognizing a convicted person as a malicious violator of the regime for the rational application of disciplinary measures. The article analyzes statistical data on the basis of which the most common types of malicious violations are identified. Recommendations are introduced on the expediency of recognizing convicts as malicious violators of the regime of serving a sentence, based on the public danger of the committed violation. Compares the different classifications of willful violations of the regime. A new classification of malicious violations is proposed. This research can be used for training practical employees who are directly involved in the process of educating and correcting malicious offenders.

scholarly journals Grounds and Subjects of Temporary Performance of Duties of the President of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 17-21
Author(s):  
Vadim S. Goleschikhin ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Leading Role ◽  
Head Of State ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The Constitution of the Russian Federation assigns to the President a leading role in the system of higher federal bodies of state power, which requires clear grounds and precise procedure for temporary exercise of presidential powers. The Constitution assigns the Chairman of the Government of the Russian Federation as the subject authorized to temporarily replace the President in all cases when he is unable to fulfill his duties. At the same time, the constitutional norms do not regulate the situation when the duties of the President cannot be performed either by himself or the Chairman of the Government. The article discusses the issues of subjects that in the above case are authorized to legitimately assume the temporary exercise of powers of the head of state, and concludes that it is necessary to improve the norms of the Constitution of the Russian Federation in terms of expanding the list of subjects for temporary exercise of duties of the President and introducing constitutional control over the transfer of presidential powers, and to improve the legislation norms and their implementation practice in terms of regulating the procedure for the temporary fulfillment of duties of the Chairman of the Government of the Russian Federation.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals Digital Transformation of the procedure for bringing foreign citizens to administrative responsibility

2021 ◽  
pp. 84-97
Author(s):  
Yuliya Viktorovna Paukova ◽  
Konstantin Vladimirovich Popov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The Public ◽  
Proactive Approach ◽  
Other Information ◽  
Automated Information System ◽  
The Russian Federation ◽  
The Government ◽  
Specific Amount ◽  
Administrative Responsibility

  The subject of this research is the procedure for imposing administrative fine on foreign citizens and stateless persons, with or without administrative expulsion. The object of this research is the public relations that arise in the process of bringing the indicated persons to administrative responsibility. The goal consists in formulation of the proposals aimed at amendment of the procedure for bringing foreign citizens and stateless persons to administrative responsibility in the Russian Federation in the conditions of digitalization of government actions. Recommendation is made to amend the procedure for bringing to administrative responsibility in case of violating the migration legislation of the Russian Federation. Considering the proactive approach of the government towards digitalization of the migration sphere, the author offers the development and implementation of the “Automated Information System for Migration Control”, which would acquire the personal records of a migrant (identity, marital status, fact of committing an offence, or other information affecting the imposition of penalty) from other automated information systems. The article substantiates the need for bringing foreign citizens to administrative responsibility by the internal affairs officials based on the suggestions of the indicated system, formed using the artificial intelligence technologies, namely machine learning. The author offers to implement the rating that in the instance of imposing administrative fine would allow calculating a specific amount, or in the instance of administrative expulsion –the accurate time limit for closing entry. Transformation of the procedure for bringing to administrative responsibility would lead to more equitable court decisions, eliminate the possibility of selecting the norm by an official at his own discretion, and reduce the burden on the courts.  

The Object and Subject of Public Control in the Russian Federation: Theoretical and Legal Issues

2019 ◽  
pp. 11-19
Author(s):  
Galina Komkova ◽  
Elena Berdnikova
Keyword(s):  
Social Control ◽  
Russian Federation ◽  
Constitutional Court ◽  
Control Activity ◽  
Public Control ◽  
First Case ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Governmental Institutions

Social control can be considered as a legal relationship, on the one hand, and as a kind of social control, on the other. In the first case, its object is information as a public good or object of legal action, and the subject is the acquisition by its participants of subjective rights and legal obligations arising during their interaction. In the second case, the object is a participant in social interaction, whose actions and decisions are monitored and evaluated by the supervisory authority, the subject being the legal status of the object, determined by compliance with the goals and objectives of the control activity. The article examines such legal gap as the absence of clear definitions of the object and subject of public control. According to the authors, the term «public authority», which appears in these definitions, is abstract and makes perception of certain objects of public control ambiguous. The category of «publicly significant functions» used by both the federal and regional legislators and the Constitutional Court of the Russian Federation is analyzed. From the position of the latter, even non-governmental institutions can perform these functions. The possibility of including the President of the Russian Federation in the list of objects studied by the authors is also being considered. It is concluded that, in general, his activities are not subject to public control, although there appear certain elements of parliamentary control while bringing the head of state to responsibility. The importance of competitive selection of civil servants with extensive public participation is emphasized. It is noted that the latter has no effect in appointing senior officials of the Government of the Russian Federation, and this may worsen the quality of its work. The authors give recommendations for improving legislation in this area.

scholarly journals Suspension of executive acts in the constituent entities of the Russian Federation as a state coercion measure

2021 ◽  
pp. 197-206
Author(s):  
D. I. Zaycev
Keyword(s):  
Russian Federation ◽  
Legal Certainty ◽  
Public Enforcement ◽  
The Public ◽  
Head Of State ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
Reported Data ◽  
Executive Body

The article contains analysis of one of the least studied public enforcement measures which is suspension of acts of the higher official (the head of the highest executive body of the state power), executive bodies of the Russian Federation constituent entities.The author focuses on the presidential decision to enact the public enforcement measure that is considered in the presented article, in particular, the form of the legal act of governance which implements that presidential decision, the wording of the name and the content of such a legal act is under review. It is shown that neither legislative regulation nor enforcement practice is perfect when it comes to the sphere of federal relations.Furthermore, the presented article addresses such issues as normativity and legal certainty of decrees and orders of the Head of State which implement the presidential decision to suspend the act of the executive body of the Russian Federation constituent entities.The historical and legal part of the subject of study is presented by statistical data that makes some corrections to the usually reported data considering the number of legal presidential acts that were mentioned.

scholarly journals Reforming subjects of currency regulation and control heading towards digital economy in Russia

2020 ◽  
Vol 2020 (2) ◽  
pp. 107-115
Author(s):  
Marina Alekseevna Yakovleva
Keyword(s):  
Russian Federation ◽  
Current System ◽  
Development Program ◽  
Digital Economy ◽  
State Regulation ◽  
Smart Contract ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
And Control

The article analyzes the current system of currency regulation and control and reveals the structure of subjects of currency regulation and control. There have been proposed the changes necessary for adaptation to the conditions of the digital economy. There has been presented the scheme of the unified system of currency regulation and control, and defined its main elements. The retrospective illustrates the process of reforming currency control agencies and agents on the eve of Russia's transition to the digital economy. There have been revealed both current legal norms that determine the structure and functionality of subjects of currency regulation and control and bills related to the subject under study. The current state development program “Digital Economy of the Russian Federation” for 2017–2025 acting in the Russian Federation is found not to contain the procedure for state regulation of foreign exchange transactions in the digital economy and not to disclose the functionality of the regulatory authorities in the context of digitalization. The analysis of the work of Russian researchers, supplementing the theory and methodology of currency relations has been carried out. Currency regulation and control are studied from the perspective of the activities of the state bodies of the government, by means of administrative, legislative and organizational measures aimed at maintaining a stable external balance and sustainable economic growth. The concept and the nature of a smart contract is considered in detail, the principal differences (according to the criteria of the form, subject, settlements and fulfillment of other obligations of the transaction) of the smart contract from the foreign trade agreement in electronic form are given. There has been proposed the author’s vision of the future development of the subject structure of currency control and made an attempt to determine the direction of further reform

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals On the Legal Regulation of Science

2021 ◽  
Vol 3 (3) ◽  
pp. 16-44
Author(s):  
Gennady Shepelev
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Documents ◽  
Production And Consumption ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Market Relations

The analysis of legal documents in the field of science is carried out. The main areas of analysis include the following blocks: the subject of the scientific sector; the main participants in the process of production and consumption of scientific knowledge, their market and non-market relations; the management system of the scientific sector, including provision of the resources to the scientific sector. The analysis of the existing documents (laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, orders of ministries, etc.) was carried out for each of the selected blocks. The influence of the legal documents on the solution of certain issues of the organization of scientific activity is analyzed, and possible directions for improvement regulatory legal acts to optimize the functioning of the scientific sector are proposed.

scholarly journals Chinas Public Organizations as Partners of the Russian Federation in Implementing the State Policy of Assistance to Compatriots Abroad: Historical Experience of Diaspores and New Trends

2019 ◽  
Vol 3 (4) ◽  
pp. 38-52
Author(s):  
Yelena Sevostyanova
Keyword(s):  
Russian Federation ◽  
Community Integration ◽  
Public Organizations ◽  
The State ◽  
Business Community ◽  
Voluntary Organizations ◽  
Russian Culture ◽  
The Public ◽  
The Russian Federation ◽  
The Government

The article examines the main activity directions of non-governmental organizations in China in terms of the retrospective, general trends in the present-day period and specificity of this activity in PRC and the trans-border territories of the Russian Federation. Each of the three periods of existence of the public organizations of compatriots – pre-revolutionary, Soviet and post-Soviet — has both common traits and their specificity. The first voluntary organizations for support of Russian compatriots in China appeared in terms of public initiative in early XX century. As long as a system of state support of those migrated was absent in China, the emigrants created public organizations that assisted the compatriots materially and spiritually. Compatriots’ organizations arranged «Days of Russian Culture», supported opening and existence of schools and libraries, created a Russian-speaking media space. The break-up of the USSR stimulated not only the migration processes but also consolidation of the Russian diaspores around the world, appearance of new forms of organizing the compatriots living in various countries. In the modern period the state participates actively in integrating activities of public compatriots’ organizations in the far abroad because it comprehends that these organizations scattered around the whole world are unable to fully perform defense of the compatriots’ interests, to support the Russian-speaking mass media, to preserve affiliation with the Russian culture, traditions and the language. Beginning from early 2000, the Russian federation and the People’s Republic of China have been developing inter-governmental cooperation in the + sphere of assistance to compatriots, counteraction to illegal migrations. Intensification of regional cooperations has become a new direction. In Zabaikalye Territory, the cooperation with public organizations of Russian compatriots in China is carried out by the territorial Ministry of International Cooperation and Foreign Connections. The article states major directions and forms of work with Russian compatriots in China at the regional level. It makes a conclusion that the Russian Federation places great emphasis to strengthening of partner cooperation of compatriots with Russia, the government tries along with the public to determine new and most prospective direction of activities. In China, the integration of business community, integration of youth organizations can be referred to such directions.

scholarly journals “Religion Carries Out a Very Important Mission...”. Interview with Damir Mukhetdinov, First Vice-Chairman of the Spiritual Administration of Muslims (SAM) of the Russian Federation

2019 ◽  
Vol 19 (4) ◽  
pp. 702-712
Author(s):  
Elena Mikhailovna Savicheva
Keyword(s):  
Russian Federation ◽  
Arabic Language ◽  
Modern World ◽  
State University ◽  
The Public ◽  
Religious Associations ◽  
European Part Of Russia ◽  
The Russian Federation ◽  
The Government ◽  
Oriental Studies

Damir Mukhetdinov got his higher education at the Institute of Arabic Language of Umm al-Qura University in Mecca (Saudi Arabia). Then he graduated from the Department of International Relations of Nizhny Novgorod State University and got a master’s degree, then - PhD (Political Science). He is the first deputy chairman of the Spiritual Administration of Muslims of the Russian Federation, a member of the Presidium of the Council of Muftis of Russia, a member of the Public Chamber of the Russian Federation, rector of the Moscow Islamic Institute, professor of St. Petersburg State University, a member of the Commission on Improving Legislation and Law Enforcement Practice of the Council for Cooperation with Religious Associations under the President of the Russian Federation, a member of the working group of the Commission on Religious Associations under the Government of the Russian Federation, a member of the Public Council of the Federal Agency for Nationalities. He was awarded the medals of the Spiritual Administration of Muslims of the European part of Russia “For Merit” and “For Spiritual Unity”; by Mufti Ravil Gainutdin decree was awarded the highest award of Muslims of Russia - the Order of Honor “Al-Fakhr”, the Order of Muslims of Russia “For Merit”. The interview comprehends the role of Islam in the modern world, including its role in maintaining peace and stability in regions of Islam. Particular attention is paid to cooperation and development of relations between the Russian Federation and the Eastern countries, including the CIS states, through religious channels. Damir Mukhetdinov emphasizes the importance of improving Islamic education in Russia, as well as the development of such scientific areas as Oriental studies, Islamic studies, Theology.

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