Problems of interpretation the norms of General part of the Criminal Code of the Russian Federation

The article is devoted to one of the current areas of legal science related to the problems of interpretation the norms of General Part of the Criminal Code of the Russian Federation. The interpretation of legal norms is the activity of state bodies, non-governmental organizations and individuals to clarify and explain the meaning of legal norms embedded by the legislator in them and the actual content of the legal provisions (regulations, definitions) contained in them in order to implement them correctly and improve the effectiveness of legal regulation public relations. The interpretation of legal norms is a complex volitional process aimed at establishing the exact meaning of the rule of law. This process consists of two elements: 1) the interpreter (interpreter) clarifies the content of the legal norm for himself; 2) then in order to establish its equal understanding and application it clarifies the meaning of the legal prescription to all interested parties. The first part of this activity – clarification – characterizes the epistemological nature of interpretation aimed at the knowledge of law. Understanding acts as a thought process taking place in the mind of the subject applying the rule of law. The explanation is the second part of a unified process of interpretation the law addressed to other parties to a relationship. It is carried out by the competent authorities and persons in order to eliminate ambiguities in understanding the content of the norm and thus ensure its correct application to the circumstances for which it is aimed. Subjects of interpretation may be public authorities, officials, organizations, enterprises, institutions, individuals. The objects of interpretation are laws and regulations. Legal interpretation is an activity that from a practical point of view is connected with the completion of the regulation of life relations by law. Legal norms as a result of interpretation become ready for implementation, practical implementation. The presented scientific article examines the interpretations given by the highest judicial instance, which showed that in some cases they contain contradictions that violate the legal and technical rules. Examples of the interpretation of criminal court decisions of the Plenum of the Supreme Court of the Russian Federation are given, and author’s editions are proposed.

Improving the legal regulation of incentive measures and penalties applied to those sentenced to imprisonment

The article analyzes the current problems of legal regulation and the application of incentives and penalties for convicts serving sentences of imprisonment. The scientific work contains a historical content analysis of the current systems of measures of incentives and penalties in different periods of the historical development of society and the penal system of the Russian Federation. Based on the conducted empirical research among 20 employees - detachment commanders from 13 regions of Russia, undergoing advanced training the program «Organization of educational work» in the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, the authors of the article prepared a number of recommendations and suggestions for improving the current legislation and its application in this area. The article draws attention to the exclusion of ineffective incentives from the penal legislation of the Russian Federation, in particular, the award of a gift and a cash prize. Proposals were made to expand the list of incentive measures to ensure the differentiation and individualization of the sentence of imprisonment. The authors made proposals to improve the penalties applied to those sentenced to imprisonment: to increase the size of the disciplinary penalty, taking into account inflation, not to include the convicted person in a punishment cell and a single chamber type in the general term of serving a sentence, to add the list of penalties. In addition, the article deals with the problems of recognizing a convict as a malicious violator of the established order of punishment. The results of the study can be used in the educational process in the study of legal disciplines, in the law enforcement practice of employees of the penal system of the Russian Federation, as well as for further research in this area.

Ways to improve the incentive impact on life imprisonment convicts

The article reveals some issues of application of incentive norms and institutions that stimulate law-abiding behavior of convicts sentenced to life imprisonment. It is proposed to supplement the penal enforcement legislation with a provision providing for the transfer of positively characterized convicts to life imprisonment to a penal colony of strict regime after serving at least 20 years in a correctional colony of special regime for life imprisonment. In order to increase the effectiveness of the incentive effect on convicts it also seems appropriate to provide for the possibility of transferring convicts from the strict regime to the colony-settlement for the following categories of persons: convicted with a particularly dangerous relapse of crimes; convicted to life imprisonment; convicted persons who have been commuted to the death penalty by way of pardon. The possibility of transfer to the colony-settlement for these categories of convicts will contribute to the maintenance and restoration of their socially useful ties and successful adaptation to the conditions of life in society. In addition it is necessary to change the mechanism of grant of parole and provide for this incentive institution only in respect of positively characterized convicts to life imprisonment, transferred by a court decision from the special regime for convicts to life imprisonment in the strict regime.

The ineffectiveness of combating corruption crime in modern Russia

The article presents a detailed analysis of corruption as a socially negative phenomenon that has acquired significant proportions and currently poses a threat to the national security of Russia. It is proved that the statistical indicators of the revealed and solved crimes of officials do not fully reflect the actual number of committed socially dangerous acts of a corruption nature. In addition the authors critically evaluate the methods used by the anti-crime policy and believe that moral education of representatives of Russian society and the cult of the law-abiding person can be the real means of combating crime among officials.

Psychological features of family-parental relations of women who have previously served imprisonment

The article presents the results of a study of the psychological characteristics of familyparental relations of women who had previously served a sentence of imprisonment. An empirical study was conducted on the basis of K-2 of FPS of Russia in the Vologda region using a questionnaire on the study of family relationships and psychodiagnostic methods «The scale of the family environment» S. Yu. Kupriyanov and «Drawing-Family Techniques» by W. Hulse. Empirical research data suggest that convicted women who had previously served imprisonment have family-parent relationships that are characterized by emotional alienation, lack of understanding and support from family members. In this category of convicts, humanistic attitudes towards others are deformed, a low ability to constructively resolve conflict situations is manifested. The results obtained can be used by penitentiary psychologists in the implementation of psychological support for women who have previously served imprisonment.

The relationship of personality competences and mental states of persons on remand

An analysis of the results of an empirical study of the relationship between mental states and personal qualities of persons under investigation under conditions of detention in a detention facility revealed correlations between stress tolerance and neuropsychic stress (the higher the stress resistance, the higher the level of neuropsychic stress of the persons under investigation), emotional lability and neuropsychological stress (the more pronounced the instability of the emotional state of the suspect and the less developed his ability to control himself, t m below the level of neuropsychic tension), personality type and neuropsychic tension (the level of psychological tension in those under investigation extraverts is higher than that of introverts), the type of personality and the dominant state (those under investigation extraverts are not prone to manifestation of unmotivated anxiety, and introverts are prone to the experience of unmotivated anxiety), emotional lability and dominant state (the more pronounced the instability of the emotional state of the suspects, the higher the level of relaxed spine), the type of interaction with people around them and the dominant state (people under investigation with a pronounced desire for trustingly frank interaction with people around them more clearly demonstrate the relaxedness of behavior), masculinity-femininity and the dominant state (people under investigation, whose mental activity proceeds mainly male-type, heavier transfer the situation of restriction of freedom. The stronger the degree of masculinity in such persons, the more critical their self-esteem is, the spontaneous aggression and the dominant state (the higher the level of psychopathisation of the introspective type in suspects, the higher the degree of satisfaction with their lives in general), depression and dominant state (in those under investigation). dissatisfied with their lives, the severity of depressive states is higher), reactive aggressiveness and depression (those under investigation with an aggressive attitude towards social circling and a pronounced desire to dominate is not prone to depressive states). The study of the mental states of a person deprived of liberty is important for the organization of the correction process and the development of recommendations for the prevention of the destructive behavior of persons under investigation due to their mental state.

Aggravating circumstances

In the article on the basis of the latest amendments made to the Criminal Code of the Russian Federation circumstances aggravating the punishment are investigated, attention is drawn to some controversial legal and technical decisions in their formulation. The criminal law on the strength of influence of certain circumstances on the chosen punishment is clearly not enough, which does not contribute to enhancing the preventive role of the law, the elimination of subjectivism and discord in practice. Most scientists and practitioners support the idea of specifying, emphasizing that it will be easier to apply the law, circumstances of the case will be visibly linked to the chosen measure of criminal law impact, the importance of references in sentences to data on the case will increase, the preventive role of criminal law will increase, the prerequisites for a uniform understanding will be strengthened and application of the Criminal Code. It was not by chance that in the Soviet period of development of the science of criminal law, a tendency emerged to single out: a) main and b) other mitigating and aggravating circumstances. Consequently it is necessary to take into account the whole range of issues relating to the practical implementation of the idea of legislative specification of the strength of influence of individual circumstances: the circle of circumstances, which it may concern; the extent to which such circumstances influence the punishment (including the expediency of specifying in the law how much the punishment increases or decreases, or what is the upper or lower new limit within which the court selects the punishment taking into account the “main” circumstance). According to Part 2 of Art. 63 of the Criminal Code of the Russian Federation if the aggravating circumstances are provided for by the relevant article of the Special Part as a sign of a crime, it in itself cannot be re-taken into account when imposing a punishment. In the criminal law doctrine an exhaustive (closed) list of aggravating circumstances has not been approved by scientists, who believe that this method does not take into account changes in the sphere of public life to a certain extent.

Civil society in modern realities: experience and prospects of Belarus

Countering and overcoming corruption manifestations are priorities in the development of any sovereign state. Its implementation contributes to successful socio-economic development, strengthening the law and order. In accordance with the provisions of the concept of national security of the Republic of Belarus ensuring public safety and life safety of the population, reducing crime and criminalizing society are a priority for the development of the Republic of Belarus at the present stage. However there are problems and imperfections in legal and organizational management practices that objectively impede the development and use of the potential of civil society in countering corruption. About the risks of a corrupt nature speak the practice of international reviews and the conclusions of European experts in the field of human rights and freedoms. The study conducted by the author confirms: the need to consolidate certain forms of civil society participation in the fight against corruption; the presence of certain factors of a legal, organizational, managerial nature that impede the full realization of the potential of civil society in countering corruption; the possibility of introducing elements of e-democracy as an effective tool in the fight against corruption.

Evolution of the adversary (on the example of criminal proceedings)

Adversary in juridical science cannot be considered separately from the judicial system, because the changes that took place in the judicial process had an irreversible impact on the evolution of adversarial proceedings. This provision is proved in legal practice. The evolution of competition in criminal proceedings is investigated in chronological order, in historical retrospect. At the beginning of statehood when democratic principles prevailed in society, trials were based on adversarial principles, the court played the role of an impartial arbitrator, and the outcome of the case was determined by the evidence collected by the plaintiffs and defendants. In the process of strengthening of the state, the court has become an active subject of judicial investigations and by the end of the XVII century the state displaces the adversary system of trial, replacing it to prove the guilt of the accused of the results of the investigation: torture, interrogations, etc. Only in the second half of the XIX century in the proceedings returned adversary, but not for long. During the soviet period previous achievements in the field of justice were eradicated. The restoration of adversarial proceedings in legislation and judicial practice began in the early 1990s in the process of judicial reform, which was carried out in order to improve the efficiency of judicial proceedings. At present it is safe to say that the potential of the adversarial principle has not yet been sufficiently disclosed.

Classification of administrative enforcement measures applied by officers of the Federal Penal Service of Russia

Much of the research is devoted to administrative enforcement as one of the leading methods of state management. However the generally accepted version of the classification of administrative enforcement measures has not yet been formed in the theory of administrative law. Moreover unlike the police officers (militia), only a fraction of the work is devoted to the study of the system of administrative enforcement measures used by the Federal Penal Service of Russia in the implementation of jurisdictional powers. In the scientific community there is no unity in the perception of this complex sociolegal phenomenon, which is due to a number of reasons: the diversity of public relations regulated by administrative law arising in the field of public administration; lack of unity in the choice of criteria for classification; the different types of enforcement measures used, etc. The analysis of the main classification models of administrative enforcement measures presented in the scientific environment made it possible to develop an author’s classification that takes into account the characteristic features of social relations taking shape in the functioning of institutions and bodies of the penal system. Depending on the objective purpose the measures of administrative enforcement applied by employees of the Federal Penal Service of Russia are divided into measures of administrative enforcement not related to committing an administrative offense (administrative preventive measures) and measures of administrative enforcement related to committing an administrative offense (administrative suppressive measures, measures of administrative and procedural security, measures of administrative responsibility). The proposed classification allows us to comprehensively analyze the external impact of administrative enforcement measures on public relations in the penal system to understand the purpose of these measures and also to see the final result of their use which contributes to solving many problems of a theoretical and practice-oriented nature.