{"title":"Legal problems of collection and payment of aliments in modern Russia","authors":"A. Markovsky","doi":"10.26516/2071-8136.2021.3.22","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.22","url":null,"abstract":"The features and problems of alimony recovery in Russia are considered. Alimony is a legal institution that protects the rights of children and disabled family members. However, there are currently legal, social, economic and administrative problems with the recovery of alimony, which lead to an overall increase in the arrears of alimony payments. The analysis of the existing problems is carried out and proposals for their overcoming and resolution are formulated. For example, it is proposed to draw up a mandatory draft of alimony for the payment of alimony upon divorce, in the presence of minor children. Conclusions are also drawn about the ineffectiveness of measures related to the tightening of liability for non-payment of alimony.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130596510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Criminalistic Prevention of Extremist Crimes Committed with the Help of Modern Technologies","authors":"V. Kolominov","doi":"10.26516/2071-8136.2023.2.92","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.92","url":null,"abstract":"This publication defines the range of extremist acts, including after changes in domestic criminal law in connection with the conduct by the Russian Federation of a special military operation to protect the territories of the South-East of Ukraine from the aggression of the Kiev regime, establishes the content of the category “crime prevention”, defines the network environment as a kind of alternative media through which can be broadcast extremist sentiments, actual criminalistic methods of prevention of extremist crimes committed with the use of modern information technologies have been identified. Extremism, depending on static/dynamism, is divided into extremist ideology and extremist practice, the content of extremist activity is analyzed on the basis of legislation on combating extremism and the current version of the National Security Strategy of the Russian Federation. The novella of the legislator is comprehended and analyzed.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"54 33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124700905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland","authors":"J. Dlugosh-Yuzvyak","doi":"10.26516/2071-8136.2021.3.32","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.32","url":null,"abstract":"The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116603784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Complex Questions of Qualification of Environmental Crimes Committed by Several Persons","authors":"R. Zabavko, A. E. Kukovyakin","doi":"10.26516/2071-8136.2022.1.83","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.83","url":null,"abstract":"The complex issues of qualification of environmental crimes related to the legal assessment of persons who jointly commit environmental crimes are considered. It has been established that the issues of legal assessment of accomplices in practice cause difficulties in connection with the assessment of the special wrongfulness of the perpetrators, who, as a rule, seek to hide the presence of guilt by indicating ignorance of the illegality of the actions of their accomplices. Recommendations are given for introducing amendments and additions to the guiding resolutions of the Plenum of the Supreme Court of the Russian Federation, which can qualitatively improve the protection of public relations that ensure the safety of the environment and natural resources. It is noted that significant difficulties are associated with the legal assessment of accomplices of illegal hunting, the co-executors of which, by distributing responsibilities for the search, tracking, pursuit, extraction, primary processing and transportation of hunting resources, often hide their true intentions and evade responsibility. At the same time, excessive repressiveness is also noted, suggesting objective imputation in case of illegal hunting, which is unacceptable. Separately, the issues of joint co-infliction in the commission of careless environmental crimes are considered.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123097376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Certain issues of qualifying petty theft committed repeatedly (article 7.27 of the Code of Administrative offenses of the Russian federation and article 158.1 of the Criminal Code of the Russian Federation)","authors":"K. Smirnova","doi":"10.26516/2071-8136.2022.2.33","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.33","url":null,"abstract":"Based on a comprehensive analysis of the norms provided for by Art. 7.27 of the Code of Administrative Offenses of the Russian Federation and Art. 158.1 of the Criminal Code of the Russian Federation, it was concluded that the legal regulation of liability for petty theft contains a number of fundamental theoretical errors. In particular, it is noted that the legislator, in the interests of preventing crimes against property, ignores the social danger of acts. It is concluded that the basis of criminal liability, contrary to the requirements of Part 1 of Art. 1 of the Criminal Code of the Russian Federation is specified in the Code of Administrative Offenses of the Russian Federation. Objective signs of petty theft are subjected to a detailed analysis. Measures are proposed to optimize the legal regulation of liability for petty theft committed repeatedly.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130003075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Involvement of minors in non-medical consumption, as well as distribution of narcotic drugs, psychotropic substances or their analogues in conditions of information globalization","authors":"E. V. Rogova","doi":"10.26516/2071-8136.2022.3.60","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.60","url":null,"abstract":"The analysis of the current criminogenic situation in the field of illegal distribution of narcotic drugs, psychotropic substances and their analogues among minors was carried out. It is argued that in the context of the development of information and telecommunication systems, the ways of involving minors in non-medical consumption, as well as the distribution of narcotic drugs, psychotropic substances or their analogues, have changed significantly. It is noted that new technologies have greatly simplified the communication carried out for criminal purposes. It is concluded that a highly efficient and extensive logistics network for the distribution of drugs has been created and is functioning, catalyzing the drug addiction of the population. Recommendations are formulated for improving the legislation and the system for the prevention of drug crimes among minors.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134236799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Scientific legal heritage of professor Sergey Vladimirovich Shostakovich. To the 120 anniversaries since birth","authors":"V. Kazarin","doi":"10.26516/2071-8136.2022.4.11","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.4.11","url":null,"abstract":"Are considered scientific heritage of the historian, lawyer and orientalist, professor of the Irkutsk university S. V. Shostakovich. Its role in reconstruction of the higher legal education in Eastern Siberia is noted. The main attention is paid to the analysis of historical and legal questions in research of antique Greece, the countries of the Middle East, Central Asia and China during modern and latest times. It is noted that S. V. Shostakovich made a scientific contribution in studying the legal dependent population and patriarchal family in Ancient Greece, problems of the feudal monarchy in Persia of the end XVIII – the first half of the 19th centuries, international law, a problem of exterritoriality of foreigners in China of the beginning of the 20th century, international legal position of the state Tannu-Tuva in the 20th of the 20th century. It one of the first considered also political and legal views of the prominent Russian diplomat A. S. Griboyedov. The conclusion is drawn that S. V. Shostakovich carried on scientific traditions of a historical and legal perspective of the Irkutsk legal school of the 1920th, made an original contribution to studying problems of history of state and law, a political and legal thought.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132679058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Subjective part of bribery mediation: establishment, content, signs","authors":"I. S. Makeeva, D. Tokarev","doi":"10.26516/2071-8136.2021.3.38","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.38","url":null,"abstract":"The peculiarities of the legal assessment of the characteristics of the subjective side of the corpus delicti, providing for responsibility for mediation in bribery, are revealed. The authors, based on a comprehensive analysis of doctrinal opinions, emphasize the distinction between mediation in bribery with related and competing compositions.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133361231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Prospects for the use of photos and video images fixed on electronic-digital media in disclosure and investigation of crimes","authors":"V. Karimov","doi":"10.26516/2071-8136.2021.3.60","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.60","url":null,"abstract":"The article under consideration reveals the existing problems of using digital media containing photo and video information. It is concluded that the traditional methods of forensic portrait examination are not always applicable, since a significant part of the images are not suitable for research. Proposals have been developed to improve the use of photo and video images by creating specialized data banks: images of famous persons, images of unknown persons, their anthropometric and functional parameters. It is recommended to improve forensic techniques by studying the dynamic characteristics of a person, individual elements of his appearance. It is recommended to pay attention to the possibilities of anthropometric identification by the anatomical elements of the body, where the dimensions of individual parts of the body are taken as signs, and identification is carried out by their totality. It has been established that the dimensions can be set according to known objects in the frame and according to conventional units, where a separate element is taken as a parameter. It is recommended to actively use the existing experience in recreating the missing elements based on the technologies of subjective portraits. The need for analytical work in order to obtain additional forensic information displayed on the frames is indicated. The possibility of searching and identifying persons by their appearance on the Internet using specialized programs is indicated. It is recommended to pay attention to the digital component of the image, by which it is possible to determine the time and place of shooting, the camera model, the conditions in which the shooting was carried out, and obtaining other information. The conclusion is made about the possibility of conducting research of the situation in the framework of forensic-traceological examination.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132623712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"About Some Ways of Solving Problems in the Field of Ensuring Criminological Security of the Educational Environment","authors":"E. Sidorova","doi":"10.26516/2071-8136.2022.1.98","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.98","url":null,"abstract":"The article highlights a number of mechanisms used to reduce the potential of those negative factors (problems) that affect the criminological security of the education sector. These mechanisms, or methods, are classified depending on the cause of the problem. We are talking about overcoming the problems associated with the imperfection of the work of state and municipal authorities (for example, the imperfection of the state mechanism for ensuring the safety of the educational process); problems related to the imperfection of the work of educational organizations (for example, multi-shift work in educational organizations); problems related to the imperfection of public relations themselves in the educational environment (for example, the existence of a large number of negative social phenomena in the education system, i.e. threats or risks to the security of the educational environment, which are divided into 10 types by the author). In conclusion, it is concluded that it is more expedient to conduct such studies based on the regional aspects of the education system, in connection with which the article reveals ways to solve certain problems on the example of the Irkutsk region. This work has a scientific potential that can be used by the relevant subjects involved in the development of state programs to ensure the safety of the educational environment. This article is a continuation of the previous scientific research conducted by the author on the stated problems.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130041188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}