Siberian Law Herald最新文献

{"title":"Joint Commitment of a Crime in the Doctrine of Russian Criminal Law (Middle XIX Century – 1917). Part 1","authors":"E. Georgievskiy, R. Kravtsov","doi":"10.26516/2071-8136.2023.2.62","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.62","url":null,"abstract":"This paper examines the views of Russian scientists who had a significant impact on the formation of the institution of joint commission of a crime in Russian pre-revolutionary criminal law. At the same time, specific historical and comparative (comparative legal) methods are used to study the legal nature of the institution of joint commission of a crime. The authors come to the conclusion that this institution from the middle of the XIX century. develops much more intensively than before. Theoretical provisions on the joint commission of a crime, which mainly include complicity and implication, are published not only in textbooks and author’s lecture courses, but also in rather detailed monographic studies. The general approach to determining the types of accomplices, forms and types of complicity is beginning to be unified. The first attempts are being made to define the concepts of complicity and implication. In practice, a single terminological apparatus is being formed. At the same time, the difference in approaches to the total volume of the institution of joint commission of a crime is also obvious. Some researchers are trying to expand the concept of joint commission of a crime by including not only complicity, but also other forms, others are trying to cover the maximum possible number of cases of joint commission of a crime with the concept of complicity.","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":"131439674","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":"AUE* Movement as a Criminal Phenomenon that Determines the Development of Professional Crime: the Essence and Methods of Struggle* The organization is banned in the Russian Federation","authors":"K. A. Zarubina","doi":"10.26516/2071-8136.2021.2.72","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.72","url":null,"abstract":"The article highlights the development and activities of such informal youth movement as «the criminal unity of Prisoners»,«the urkagan unity of Prisoners» or «the way of life of Prisoners is one» (hereinafter-AUE), which supports, promotes and develops the ideology of criminal «romance», criminal subculture. The main reasons for the formation of the informal youth movement in Russia and the version of the concept of AUE are considered. The main features of AUE associations are investigated: stability; stability of the composition (2 or more persons); common intent of members of associations aimed at preparing and committing crimes of extremist orientation (on the ideological component); coordination of actions of members of the Association; main-taining and promoting a criminal subculture; the presence of an organizer (leader) in the Association, connections with the criminal world, etc. The article studies the influence of this criminal phenomenon on the behavior of modern youth, as well as on the development of crime in modern Russia, including one of its most dangerous varieties - professional criminal activity. The main problems of bringing persons belonging to the AUE movement to administrative and criminal responsibility are considered. The article analyzes the activities of members of AUE associations in terms of extremism, as well as the possibility of bringing persons belonging to AUE associations to criminal responsibility under article 282.1 of the criminal code of the Russian Federation. As a practical conclusion, a list of signs of AUE associations that a law enforcement officer can refer to when qualifying crimes under article 282.1 of the criminal code of the Russian Federation is presented.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"39 21","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132059686","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":"Local self-government in the unified system of public authority: financial and legal characteristics","authors":"N. Kolosov","doi":"10.26516/2071-8136.2022.3.22","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.22","url":null,"abstract":"The financial and legal consequences of the consolidation in the Constitution of the Russian Federation of the provision on the entry of local self-government bodies and state authorities into a single system of public power are being investigated. The Federal Law “On the general principles of the organization of public power in the subjects of the Russian Federation” is analyzed on the subject of the relationship between the state authorities of the subjects of the Russian Federation and local self-government bodies. It is revealed that the fact of the inclusion of local self-government bodies in the unified system of public authority does not mean the need for mandatory updating of financial legislation. It is concluded that it will follow after the adoption of a new federal law on the organization of local self-government. The comparison of Draft Law No. 40361-8 “On the general principles of the organization of local self-government in the unified system of public authority” and the current law regulating the organization of local self-government is carried out. The issues requiring clarification and refinement in this draft law have been identified. Thus, according to the submitted Draft Law, the head of the municipality, who heads the local administration, simultaneously fills two positions: a municipal position and a state position of a subject of the Russian Federation. In this regard, it is proposed to ensure its activities at the expense of funds not only from the local budget, but also from the budget of the subject of the Russian Federation. In the Draft Law under consideration, an article on self-taxation of citizens has been preserved, which in general turned out to be quite effective in solving issues relevant to the population of the municipality. This source of income is typical only for local budgets. Therefore, it is noted that the unity of public power does not exclude the existence of original sources of income for different budgets, due to the level of the tasks that public law education faces","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"12 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":"131396498","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 powers of the public prosecutor to make persons holding elective posts in the municipal authorities responsible for corruption delicts. Part 1","authors":"S. V. Praskova","doi":"10.26516/2071-8136.2022.1.29","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.29","url":null,"abstract":"This article begins the research dedicated to the powers of the public prosecutor’s office in the Russian Federation implemented within the legal mechanism of early termination of the powers of persons holding elective posts in the municipal authorities due to their corruption delicts. It is noted that a new anti-corruption legislation is forming in Russia. It regulates delicts which include those not considered as crimes or administrative offences. These delicts comprise violations of the restrictions or prohibitions, non-fulfulment of the obligations inherent to the status of the public persons and set to counteract the corruption. The author underlines the novelty of this kind of delict and its unsatisfactory regulation, and proposes to use a term “corruption status offence” to denote it. To ground the problem to determine the powers of the public prosecutor in the field, the properties of the corruption status offences are shown. For the persons holding elective posts in the municipal authorities the above delicts may not be considered as a traditional kind of offences, including disciplinary offences. The delict does not often manifest any committed corruption actions. Nevertheless the legislation provides only a single penalty - the early termination of the powers. The disparity of the offence gravity and the penalty reduces the effectiveness of the legal institution to prevent corruption. The absence of the procedure to make answer for a corruption status offence, fragmented and separate regulation of the procedure, and an aggregative nature of the term “persons holding elective post in the municipal authorities” which entails additional difficulties are noted. Proceeding to the results of the research, the author states that although the very procedure of the early termination of the powers of a person holding an elective post in a municipal authority is regulated by the local rules, the powers of the public prosecutor in the field are determined by federal laws and ordinances of the Prosecutor General of the Russian Federation.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"83 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":"127240761","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":"Age characteristics of the crime victim: some issues of criminal law regulations and interpretations","authors":"N. V. Schetinina","doi":"10.26516/2071-8136.2022.2.116","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.116","url":null,"abstract":"It is stated that in certain norms of the Special Part of the Criminal Code of the Russian Federation, the minor and (or) the minor victim age has criminal legal significance. This attribute, by its legal significance, is either mandatory or affects the deed qualification within the relevant article of the Special Part of the Criminal Code of the Russian Federation. It is revealed that the design features of some norms predetermine the need to consider the victim age in conjunction with his other properties. The article examines the features of the criminal law regulation and interpretation of this feature in relation to crimes against life and health, as well as crimes that infringe on the interests of the family and minors. It is established that along with the victim age, in certain articles of Chapter 16 of the Criminal Code of the Russian Federation, it is necessary to identify his helplessness, which is due to the construction peculiarities of the relevant criminal law norms. In Article 151.2 of the Criminal Code of the Russian Federation, in addition to the age criterion, it is necessary to determine the mental attitude of a minor to the actions he commits and their consequences. The conclusion is made relative to the fact that a prerequisite for criminal liability is not only the victim ability to understand the actual nature and significance of the actions in which he is involved, but also an actively negative attitude to possible consequences. Criteria for distinguishing related norms of the Criminal Code of the Russian Federationhave been developed, considering the properties of the composition analyzed feature.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"15 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114031353","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":"Criminal-legal limits of expressing one’s opinion","authors":"V. V. Kamennova","doi":"10.26516/2071-8136.2023.1.60","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.60","url":null,"abstract":"In the age of the Internet, the question of defining the limits of expression in the media, in particular on the Internet, is particularly relevant. With the advent of the digital era, more and more attention is paid to crimes occurring not in reality, but in the network, and extremism becomes a phenomenon that steadily pops up in the news feeds. High-profile cases in which law enforcement officials are trying to prosecute for inciting hatred for images, reps and likes demonstrate the need to distinguish between expression and extremism. The main difficult issues of estimation of such crimes are considered: the vague framework of the main «extremist» clauses (280 and 282 of the Criminal Code of the Russian Federation), used as a pretext for restricting the activity of citizens by law enforcement agencies, the actions of which sometimes do not correspond to a potential threat; the difficulties with the definition of extremism itself and, as a consequence, the possibility to place under its concept any material; the subjective nature of linguistic expertise, in which the views of experts may be the opposite. It was noted that, as a result, an unlawful decision can significantly complicate a person’s life, since recognition of the activities as extremist brings a number of additional restrictions: economic, political, labour. In this regard, it is argued that it is necessary to distinguish between mere expression of opinion and actual incitement to hatred. However, it is also noted that a clear legislative distinction is questionable against the background of precedents that have already occurred. It concluded that criminal prosecution for opinions on the Internet should be the exception, not the rule.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"66 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":"115899290","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 forest department as a state-legal institution of the Russian Empire: formation and development","authors":"V. V. Chernykh","doi":"10.26516/2071-8136.2021.4.41","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.4.41","url":null,"abstract":"The article highlights the formation and improvement of Russian forest management during the XVIII–XIX centuries. The birth, functioning and main stages of the state legal institute of the Russian Empire-the Forest Department. The contribution of the leaders of the empire to the improvement of forest legislation, the development and improvement of forest state policy is noted, the activities for the conservation, protection and restoration of forests of the Russian Empire are considered. The main legislative initiatives and changes in the forest industry, improvement in the management structure of the Forest Department are monitored. The imperial decrees and resolutions of a forest nature, on the creation of a forest management system, the organization of the forest guard, the recruitment of the forest department are considered, the emperor’s desire to ensure the integrity of forests is emphasized. The main stages of the forest department’s activity are analyzed, highlighting special achievements in the field of forest legislation and state measures for the implementation of forest management and forest protection works","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"18 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":"115005789","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 court decision of simplified proceedings","authors":"A. Y. Staritsyn","doi":"10.26516/2071-8136.2022.2.122","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.122","url":null,"abstract":"The article highlights the peculiarity of the rules for making a decision by the court according to the rules on simplified proceedings, notes the incompleteness in this regard, begun in 2016, of the reform of the civil procedure legislation, which negatively affects the application of the procedure under consideration. In the research, the author focuses on the court decision made as a result of the consideration of a civil case in a truncated form in connection with the likely consequences of its cancellation. Research results. Arguments are given for the need for legislative consolidation of the preparation of a decision in full, including the reasoning part, as a general mandatory rule of a simplified procedure. The article substantiates the motivation as an integral and inextricably linked with other procedural institutions property of a court decision. A critical assessment of the grounds for preparing a reasoned decision is given. The law-making activity of the Supreme Court of the Russian Federation is noted, which negatively affects the stability of the state system. The conclusion is formulated that the approach to the preparation of a reasoned judicial act does not correspond to the established goals of improving legislation, the essence of simplified procedures. There is an indissoluble connection between the rules of consideration of the case in a simplified procedure by the court of first instance and consideration of the complaint by the court of appeal. The article presents the judicial practice, revealing the content of the grounds for annulment of the court decision. There is a need to differentiate the powers of the court of appeal, depending on the basis of the cancellation of the court’s decision. Discussions and conclusions. Recommendations for further improvement of the civil procedure rules on simplified proceedings in terms of the rules for making a court decision, as well as the grounds and procedure for its cancellation, have been developed.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"71 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":"129438883","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":"Special Military Criminal Penalties: Status and Prospects","authors":"R. Zakomoldin","doi":"10.26516/2071-8136.2020.4.67","DOIUrl":"https://doi.org/10.26516/2071-8136.2020.4.67","url":null,"abstract":"Presents an analysis of the problems of legislative regulation and practice of applying special military types of criminal punishment under the current military criminal legislation of the Russian Federation. Close attention is paid to such types of military criminal penalties as deprivation of military ranks, restriction on military service, detention in a disciplinary military unit and arrest with detention in the guardhouse. The definition of “special military criminal penalties”is formulated. The classification of these punishments into types on various grounds is given. The author analyzes the shortcomings of the provisions of the criminal law regarding military criminal penalties, as well as the judicial practice of assigning these types of criminal punishment to convicted military personnel. In addition, proposals for amendments and additions to the existing military criminal legislation and in court practice to preserve data types of criminal punishment, an increase in the practice of their application and increasing their effectiveness. It is pointed out that it is necessary to identify the reasons for the non-use of certain types of military criminal penalties and eliminate them. Proposals aimed at excluding special military types of criminal punishment from the Criminal code of the Russian Federation have been criticized, since this trend excludes the declared variety of types of criminal punishment, does not allow taking into account the special status of subjects of criminal responsibility, which excludes the individualization and differentiation of criminal responsibility and criminal punishment of military personnel. The author’s position is supported by an analysis of the opinions of scientists, practical material, and legislative activities.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"36 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":"128813327","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":"Peculiarities of the personality of a frauder committing a crime in the banking sphere in the Siberian federal district","authors":"L.A. Petryakova","doi":"10.26516/2071-8136.2022.3.49","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.49","url":null,"abstract":"The article describes the criminological characteristics of the personality of a fraudster who commits a crime in the banking sector in the Siberian Federal District. The criminological characteristics of the identity of a fraudster who commits a crime in the banking sector in the Siberian Federal District is presented on the basis of a study of the materials of criminal cases and judicial practice in cases of fraud in the banking sector in the Siberian Federal District from 2015 to 2021. And contains data on socio-demographic characteristics (sex, age, place of residence, education, social status, marital status, as well as moral and psychological characteristics (psychological characteristics, personal orientations and the presence of personal deformations). In addition, to identify the characteristics of the personality of a modern of a fraudster who commits crimes in the banking sector in the Russian Federation and the Siberian Federal District, the results of the research are compared with the personality of a criminal who commits common crimes. Examples are given that confirm the conclusions of the study. Attention is focused on the importance of studying the personality of a fraudster who commits a crime in the banking sector in order to develop a system of adequate measures to counteract such activities by law enforcement agencies and when carrying out individual preventive measures with persons who have committed crimes under Articles 159.1 and 159.3 of the Criminal Code of the Russian Federation. The study is a generalized portrait of the personality of a fraudster who commits a crime in the banking sector in the Siberian Federal District. It has been established that the criminological characteristics of a person who committed fraud in the banking sector in the Siberian Federal District repeats the all-Russian indicators.","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":"127958817","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}