Siberian Law Herald最新文献

{"title":"Institute of Defense at the Present Stage of Development of Criminal Justice in Russia","authors":"V. Smirnov, M.P. Peryakina","doi":"10.26516/2071-8136.2021.2.92","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.92","url":null,"abstract":"The article examines some procedural issues of the participation of the defender in the criminal proceedings, the problems of compliance with the principle of adversarial parties at all stages of criminal proceedings. A clear discrepancy between the rights of the parties to the prosecution and the defense at the pretrial stages of the criminal process was established. Since all key decisions on the movement of a criminal case (suspension of a criminal case, bringing a person as an accused, termination of a criminal case, issuing an indictment, an indictment or an indictment, etc.) are made by the investigator, the inquirer, who belong to the prosecution, and the defense lawyer can practically have no influence on these decisions. In addition, in Russian criminal proceedings, the defender still does not have the right to collect evidence along with the investigator, the inquirer. In addition, the authors of the article consider the actual issue of providing legal assistance to persons who do not have the financial capacity to pay for a lawyer. The article notes that the intervention of the competent authorities in the case of inadequate assistance of the defender is required only when the free-appointed defender has shown a clear inability to provide effective assistance. Special attention is paid to such a concept as “attorney-client privilege”. It has been determined that advocate secrecy in criminal proceedings is absolute, which is currently unacceptable for Russian reality. It is proposed to introduce certain amendments to the current legislation of Russia, which will help to increase guarantees for the implementation of the institution of protection in criminal proceedings.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"77 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":"126993126","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":"On the problem of improving international cooperation in countering cybercrime","authors":"K. Evdokimov, K.V. Hobonkova","doi":"10.26516/2071-8136.2022.3.90","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.90","url":null,"abstract":"The problem of functioning of the mechanism of international cooperation in the field of countering cybercrime is investigated. The concept and main features of cybercrime, the system of international organizations implementing policy and regulatory regulation in the field of combating cybercrime are defined. The fundamental international legal acts defining the interaction of the Russian Federation with foreign states in the field of prevention, detection, disclosure and investigation of cybercrimes are highlighted. The authors conclude about the regional nature, fragmentation and inefficiency of the existing legal framework for international cooperation in countering cybercrime. Proposals are made to improve international criminal law in this area and to improve the quality of international cooperation in preventing, combating and minimizing (eliminating) the consequences of cybercrime.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"837 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":"116148981","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":"Collision of types of rationality: to the question of the reasons for the long-term discussions on conceptual issues in criminal law","authors":"V. Shikhanov","doi":"10.26516/2071-8136.2023.1.80","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.80","url":null,"abstract":"The analysis of criminal law science by means of a post-non-classical approach is carried out. The subject of the analysis was the regularities of the existence and development of topics and issues that have conceptual significance for criminal law, but do not find their resolution. Such “clusters” of problems, ideas, and the meanings attached to them are presented in the form of discourses that have a very long existence. The set of analysis tools is supplemented by the category “type of rationality”, with the help of which it was possible to detect the nonlinear nature of the development of criminal law knowledge. Having studied the peculiarities of the development of criminal legislation and legal doctrine in the XX century and up to the present, it was concluded that the main type of rationality in the domestic criminal legal consciousness and, accordingly, in the doctrine, is mythological. It is based on a number of myths, mythologems and their corresponding symbols. Even more important is the discovery of a series of attempts to change the type of rationality in criminal law (to political in 1926–1958, to scientific with elements of psychology, pedagogy and sociology, i.e. in general, criminology in 1958–1996), as well as signs of reduction to the mythological type after 1996. Such attempts form a rather original structure of the criminal law doctrine, when the basis is the so-called “hard core” belonging to the mythological type of rationality, and a protective belt is formed around it with inclusions remaining from other types of rationality. The conclusion is formulated that many incessant and sometimes irreconcilable disputes on key issues of criminal law are caused by a discrepancy in the initial ideas of jurists, and sometimes legislators. The introduction of the category of the type of rationality into scientific circulation will contribute to the streamlining of criminal law theory and the harmonization of knowledge about the crime, the criminal, measures of criminal legal impact and other criminal law phenomena.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"247 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":"124719145","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":"Modus Operandi in the Investigation of Crimes","authors":"I. Fomina","doi":"10.26516/2071-8136.2021.2.111","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.111","url":null,"abstract":"The article studies such a concept as modus operandi in the practice of crime investigation as a unique and integral behavior for the criminal. It is determined by the modus operandi through a correlation with personal landmarks, mental and physical state, level of intelligence and other individual characteristics of the criminal’s personality. The use of this concept along with the method of committing a crime is justified. The issues of modernization and improvement of the modus operandi as a necessary given of the development of criminal activity of each individual are discussed. The autograph is considered as an additional characteristic element of the modus operandi, which allows you to see the “criminal message” that characterizes the personal qualities of the criminal. The author substantiates the need to pay attention to repetitive, albeit modernized, details in the sequence and the actions of the criminal themselves, since in similar situations the behavior is stereotypical. Having worked out the ideal modus operandi for himself, which leads to the satisfaction of needs, the criminal is afraid of its rejection, as this may lead to capture. Accordingly, the study of modus operandi helps in identifying the perpetrator, combining crimes into a series through the characteristics of personal stability and predictability. This makes it possible to solve not only the crimes committed, but also to prevent the criminal acts that are being prepared.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"69 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":"125513104","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":"Individual victimological prevention of cybercrime","authors":"D. Zhmurov","doi":"10.26516/2071-8136.2023.1.52","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.52","url":null,"abstract":"The article is devoted to the analysis of individual measures of victimological prevention of cybercrime. The paper defines the concept under consideration and describes its key properties. During the analysis of special literature, domestic and foreign sources, three levels of individual victimological prevention are identified: 1. Pre-incident (development of models for countering cybercriminals); 2. Incidental (development of victim behavior accounting standards); 3. Post-incident (development of standards for responding to cyber-victimization). Each of these levels is described in detail (including the rules of personal security in the pre-incident perspective; as well as scripts for responding to a virtual victim - at the post–incident stage). Each of these levels is a basic functional part of an individual psychological prevention in the information and telecommunications space.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"62 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":"130259215","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":"Legal regulation of the turnover of biometric data of citizens in the European union","authors":"A. V. Kolosov","doi":"10.26516/2071-8136.2021.3.89","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.89","url":null,"abstract":"Ensuring the security of a person and society is one of the priority and important areas of activity of any legal state. Measures aimed at countering crime and combating offenses in the information sphere are impossible without interaction and cooperation between states, since such violations are of a cross-border nature. The article examines the activities of theEuropean law in terms of creating a biometric database - Common Identity Repository (CIR)) and a project related to limiting the use of artificial intelligence in areas that pose a threat to the protection of personal, biometric data of citizens of the European Union. It is concluded that the processing of biometric data is associated with high risks of violations of the rights of individuals, and work with this kind of information should meet a certain goal, have restrictions on the volume of processed data and on the duration of their storage for solving specific tasks.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"192 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":"129239589","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":"The arctic zone of the Russian Federation: international cooperation and development prospects","authors":"V. A. Meshcherikov","doi":"10.26516/2071-8136.2022.4.135","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.4.135","url":null,"abstract":"The Arctic plays in international cooperation, due to its geographical location and the wealth of natural resources. The international legal regulation of the Arctic regime is fixed at the level of international multilateral and bilateral agreements. Multilateral international agreements are aimed at regulating the Arctic marine spaces and protecting the environment in this region. Bilateral agreements are aimed at the settlement of border disputes between the Arctic States, as well as economic cooperation. Analysis of bilateral international agreements concluded between the Russian Federation and countries such as Canada, the Kingdom of Norway, the United States of America, as well as the United Kingdom allows us to come to the following conclusions: the issues of international cooperation between the Russian Federation and Canada in the field of trade and commercial relations, environmental protection have been most fully worked out., issues of joint economic activity in the Svalbard archipelago, fishing were resolved and territorial disputes were settled between Russia and Norway. International agreements with other mentioned countries are mainly aimed at establishing territorial borders","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"26 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":"126361520","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":"Countering the sale of narcotic drugs by criminal legal measures","authors":"S.A. Averinskaya, V. Zagainov, O. Radchenko","doi":"10.26516/2071-8136.2021.4.88","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.4.88","url":null,"abstract":"The analysis of separate legal and criminological aspects of crimes in the sphere of illicit trafficking of narcotic drugs, psychotropic substances and their analogues in the territory of the Irkutsk region is proposed. The concept of sales, fixed in the Resolution of the Plenum of the Supreme Court of Russia, is analyzed. It is established that the geographical location of the Irkutsk region affects the structure and dynamics of crimes committed. The types of prohibited items (drugs) that are most common in the region, the territory of their growth and supply are determined. The level of anesthesia of the population is analyzed, its dynamics from 2016 to 2020 is studied. It has been revealed that significant difficulties in solving crimes in the field of drug trafficking are occupied by methods of its contactless distribution, the formation of caches, bookmarks, etc. additional difficulties arise when using uncontrolled messengers and software that allow access to sites blocked by Roskomnadzor.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"58 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":"124512581","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":"Judge’s dissenting opinion of the Constitutional Court: characteristics of a legal institute","authors":"E. Nefedieva, Yu.G. Khamnuev","doi":"10.26516/2071-8136.2021.3.14","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.14","url":null,"abstract":"The institute of judicial dissenting opinions in the different fields of procedure law was actively studied from 2005 to 2021 in Russia. At the same time, dissenting opinions are regulated sparsely and fragmentarily in law. A content analysis of scientific articles about dissenting opinions helped to form a relevant selection of articles about the institute of dissenting opinions. A semantic analysis of the articles showed that dissenting opinions was studying mostly in the constitutional judicial procedure. The institutional characteristics of dissenting opinions were not studied separately. It has been proved that a dissenting opinion in a constitutional court has institutional characteristics which settled in the theory of law. The regulation of this institute is a homogeneous nature, the rules are systematically arranged, interrelated, isolated in separate articles of the law. Thus, these conclusions will help to find gaps and defects in the current regulation of dissenting opinions in constitutional judicial procedure.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"27 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":"124531066","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":"On the Issue of Determining the Age when Developing a Methodology for Investigating Crimes Involving Minors","authors":"I. A. Fomin","doi":"10.26516/2071-8136.2023.2.105","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.105","url":null,"abstract":"The aspects relevant to criminalistic theory related to the definition of the concept of “age”, laid down in legislation and theory, and which can have a significant impact on the development of methods for investigating crimes involving minors as a basic one on the basis of the commonality of the subject of research, are considered. It is established that the existing approaches to the definition of such a category as age, both in science and from the position of the legislator, are not ideal, and do not meet all the goals of ongoing research where age is the main object of research, since they use only part of the existing characteristics to determine age. The analysis of the current legislation made it possible to demonstrate the lack of unity in determining age and the presence of attempts to take into account the nature of regulated legal relations as the basis for determining age. It is revealed that in view of the fact that it is age as a characterizing category that affects many aspects in the study of the personality of a minor within the framework of the investigation of crimes with their participation methodology, it should form the basis of the behavioral mechanisms of the subject of the considered methodology as the most influential element. The conclusion is made about the relevance of using a conditional approach when characterizing such a criterion as the age of a minor, due to the insufficiency and impossibility of meeting all the needs facing the forensic methodology, using only a chronological concretized (absolutely formal) approach. Determining the meaning of age and a clear understanding of the patterns of psychological development dependent on it, affecting the possibility of involving a minor in criminal activity, allowed us to reflect the complexity of the study of this category. This is especially true within the framework of the rule of law, when the basis of its development, strengthening and prosperity determines the ability of the younger generation to follow the legal rules and boundaries existing in society. Various issues of the influence of age on the possibility of using this category in order to identify, disclose and investigate crimes involving minors have been studied. Multitasking is justified in the study of the age of a minor involved directly or indirectly in criminal activity, as the main element in personality characteristics. The emphasis is placed on the need for an integrated approach to the study of age, as the only true and satisfying the needs of both the forensic theory and the practice of investigating cases underlying the development of the investigation methodology under study.","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":"123097367","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}