Russian-Asian Legal Journal最新文献

MODEL LEGISLATION OF THE CIS MEMBER STATES ON JURY TRIALS CIS 成员国关于陪审团审判的示范立法

Russian-Asian Legal Journal Pub Date : 2023-12-28 DOI: 10.14258/ralj(2023)4.16

N.A. Dudko

{"title":"MODEL LEGISLATION OF THE CIS MEMBER STATES ON JURY TRIALS","authors":"N.A. Dudko","doi":"10.14258/ralj(2023)4.16","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.16","url":null,"abstract":"The article considers the issue of inter-parliamentary cooperation of the member states of theCommonwealth of Independent States (CIS), formed in 1991. The main form of inter-parliamentarycooperation of the member states of the Commonwealth of Independent States is model lawmaking. As aresult of a comparative legal study, it was concluded that the model legislation of the Commonwealth ofIndependent States and the national legislation of the CIS member states, in particular the legislation ontrial with the participation of jurors, are interrelated and mutually influenced. The subject of the study wasthe norms of the “Model Criminal Procedure Code for the CIS Member States” in 1996 and the norms ofthe “Model Code on the Judicial System and the Status of Judges for the CIS Member States” in 2011. Thegeneral tendency to improve the judicial systems of the Russian Federation, the Republic of Kazakhstan, theKyrgyz Republic was revealed — the legislative consolidation of the possibility of considering criminal casesby a court with the participation of jurors. In the Russian Federation and the Republic of Kazakhstan, thecourt with the participation of jurors is successfully functioning, in the Kyrgyz Republic it will be introducedin January 2025.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"333 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139149093","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}

引用次数: 0

SECRET INVESTIGATIVE ACTIONS: RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION 秘密调查行动：俄罗斯和外国的法律监管经验

Russian-Asian Legal Journal Pub Date : 2023-12-28 DOI: 10.14258/ralj(2023)4.15

S.I. Davidov

引用次数: 0

“KARAMOLA RULES” — THE RESULT OF ABAI’S LAWMAKING "卡拉莫拉规则"--阿巴伊立法的结果

Russian-Asian Legal Journal Pub Date : 2023-12-28 DOI: 10.14258/ralj(2023)4.17

M.H. Matayeva

引用次数: 0

LEGAL REGULATION OF COUNTERING EXTREMISM IN THE REPUBLIC OF TAJIKISTAN 塔吉克斯坦共和国打击极端主义的法律规定

Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.7

V. A. Abdukhamitov

引用次数: 0

EXAMPLE CRIMINOLOGICAL DETERMINANTS OF THE SPREAD OF THE IDEOLOGY OF TERRORISM IN EDUCATIONAL ORGANIZATIONS OF HIGHER EDUCATION AND PROFESSIONAL EDUCATIONAL ORGANIZATIONS 恐怖主义意识形态在高等教育机构和专业教育机构传播的犯罪学决定因素举例

Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.12

М.А. Стародубцева

{"title":"EXAMPLE CRIMINOLOGICAL DETERMINANTS OF THE SPREAD OF THE IDEOLOGY OF TERRORISM IN EDUCATIONAL ORGANIZATIONS OF HIGHER EDUCATION AND PROFESSIONAL EDUCATIONAL ORGANIZATIONS","authors":"М.А. Стародубцева","doi":"10.14258/ralj(2023)4.12","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.12","url":null,"abstract":"The article examines the facts of the spread of the ideology of terrorism in educational organizationsas manifestations of «idealistic» terrorism, according to the classification proposed by Yu.M. Antonyan.From the point of view of criminology, terrorism is understood as a diverse phenomenon. In this regard,it is necessary to determine what type of terrorism educational organizations face. Next, it is necessary tohighlight the determinants of the spread of the ideology of terrorism in educational organizations.The analysis of criminal cases according to the elements of Art. 205.2 of the Criminal Code of theRussian Federation and a survey of teachers and teachers of a number of educational organizations in theAltai Territory makes it possible to determine the determinants of the spread of the ideology of terrorismin educational organizations. The traditional division of the determinants of crime into general social,socio-psychological and personal needs to be clarified in relation to terrorist crimes committed by youngpeople studying in educational organizations. Among the general social determinants of terrorist crime in educational organizations, the main role is played by the social qualities of young people. Among the sociopsychological determinants, the main role is played by shortcomings in family education and the formalismof preventive measures. The analysis of criminal cases allows us to conclude that among the families of thoseaccused and on trial for committing terrorist crimes in educational organizations, pedagogically incorrectlyoriented families prevail, where, for one reason or another, psychological contact with the child has notbeen established.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"4 30","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139156573","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}

引用次数: 0

FEATURES OF PREVENTION OF CRIMES RELATED TO RAPE 预防与强奸有关的犯罪的特点

Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.10

A.D. Isaeva

引用次数: 0

ACTIVITIES OF THE INTERNAL AFFAIRS BODIES FOR THE PREVENTION OF CRIMES RELATED TO ILLEGAL TRAFFICKING OF FIREARMS, AMMUNITION, EXPLOSIVES 内政机构为防止与非法贩运枪支弹药和爆炸物有关的犯罪而开展的活动

Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.8

P.R. Vasilyeva

引用次数: 0

FORMATION OF A SYSTEM OF OBJECTS OF CRIMINAL LAW PROTECTION IN THE THEORETICAL MODELING OF THE CRIMINAL LAW ON CRIMES IN THE FIELD OF ECONOMIC ACTIVITY 在经济活动领域犯罪的刑法理论模型中形成刑法保护对象体系

Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.11

A. Korennaya

{"title":"FORMATION OF A SYSTEM OF OBJECTS OF CRIMINAL LAW PROTECTION IN THE THEORETICAL MODELING OF THE CRIMINAL LAW ON CRIMES IN THE FIELD OF ECONOMIC ACTIVITY","authors":"A. Korennaya","doi":"10.14258/ralj(2023)4.11","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.11","url":null,"abstract":"Allocation of unified system-forming criteria for classification (generalization) of objects of criminallaw protection of economic activity (Chapter 22 of the Criminal Code of the Russian Federation). Usingthe methods of cognition: comparative analysis, dialectical, sociological, the author of the study coming to conclusions: 1) the current system of objects of criminal law protection is represented by extremely diversesocial relations, which should not infrequently be fixed in other chapters and sections of the criminallaw; 2) despite the variety of objects, it is possible to identify common grounds for combining all criminalencroachments into a common system, in this case it is necessary to take as a basis separate elements of socialrelations: the subject, the subject or the content. The author comes to the conclusion that harm is caused tothe subject of public relations in all cases, respectively, when determining the system of objects, it is necessaryto establish which element — the subject or content is the most significant for society, and accordingly, acriminal law protection regime is introduced in relation to it. The author of the scientific work proposes toestablish the “priority of protection” in relation to the most significant element of public relations. Such anapproach will allow us to achieve several independent, significant goals: to systematize the total volumeof objects of criminal legal protection, to identify criminal encroachments that are not related to economiccrimes, to develop unified legal and technical rules and models for formulating the disposition of criminallaw norms. The work is theoretical in nature and is aimed at developing a fundamental model for reformingthe criminal legislation of the Russian Federation on responsibility for crimes in the sphere of economicactivity, both within the framework of the current Criminal Code of the Russian Federation, and in the caseof the development and adoption of a new criminal law","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"5 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139155542","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}

引用次数: 0

TOWARDS THE CRIMINALISATION OF PROMISING/OFFERING A BRIBE AND CONSENTING TO A BRIBE IN KAZAKHSTAN 哈萨克斯坦努力将许诺/提供贿赂和同意贿赂定为刑事犯罪

Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.13

Е.V. Mitskaya

{"title":"TOWARDS THE CRIMINALISATION OF PROMISING/OFFERING A BRIBE AND CONSENTING TO A BRIBE IN KAZAKHSTAN","authors":"Е.V. Mitskaya","doi":"10.14258/ralj(2023)4.13","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.13","url":null,"abstract":"At present in Kazakhstan, the increase in the number of corrupt criminal offences, including on the partof high officials, heads of a number of Kazakhstani companies, is due to a stronger political will of the headof state to resolutely oppose corruption. Such a desire allows paying attention to criminal law norms, whichoccupy an important place in the set of measures to combat a systemic vice of the state, jeopardising nationalsecurity. The potential of criminal law in anti-corruption policy has not been exhausted. The discussion ofanti-corruption fight is very relevant against the background of possible implementation of norms of anticorruption international standards into the Kazakh criminal law, which contradict the doctrinal provisionsof the Kazakh criminal law. This study is devoted to the assessment of possible criminalisation of promising,offering and agreeing to receive a bribe in order to strengthen the criminal law fight against corruption. Theproposed changes, in the author's opinion, do not allow to hope that they will ultimately serve the realisationof a useful goal of Kazakhstan's anti-corruption policy, and open the ground for aninformed discussion onfurther fight against corruption.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"7 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139156882","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}

引用次数: 0

ON THE SHORTCOMINGS OF NORM DESIGNS, PROVIDED FOR IN ARTICLES 2401 AND 241 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION 关于《俄罗斯联邦刑法典》第 2401 条和第 241 条所规定的规范设计缺陷的建议

Russian-Asian Legal Journal Pub Date : 2023-12-26 DOI: 10.14258/ralj(2023)4.14

N.V. Tydykova

{"title":"ON THE SHORTCOMINGS OF NORM DESIGNS, PROVIDED FOR IN ARTICLES 2401 AND 241 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION","authors":"N.V. Tydykova","doi":"10.14258/ralj(2023)4.14","DOIUrl":"https://doi.org/10.14258/ralj(2023)4.14","url":null,"abstract":"The article is devoted to the study of the construction of norms provided for in Articles 240.1 and 241of the Criminal Code of the Russian Federation for the purpose of compliance with the rules of legislativetechnology, which would make it possible to consolidate crime-forming characteristics in a way that ensurestheir uniform interpretation. A number of complaints about the designs of the studied compositions wererevealed. There is uncertainty in the reflection of signs of the age of the victim, which excludes the possibilityof a uniform interpretation in practice. Criticism is given to the legislator's use of plural constructions forsome characteristics. The establishment of the minimum threshold for a minor victim at sixteen years isidentified as an omission of the legislator and the need to establish criminal liability for receiving sexualservices of minors at a younger age in parts 2 and 3 of the studied norm is justified. The lack of a definitionof the concept of «prostitution» in the criminal law, which is used in the construction of a number of norms,has been criticized. The author, relying on the provisions of Art. 5 of the Criminal Code of the RussianFederation, came to the conclusion that the absence of an indication of knowledge about the age of minorsis not a defect in legislative technology.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"45 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139155092","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}

引用次数: 0