Herald of Omsk University. Series: Law最新文献

{"title":"“AUE” Extremist Criminal Community","authors":"M. Kleymenov, Margarita G. Kozlowskya, A. I. Savelyev","doi":"10.24147/1990-5173.2020.17(4).75-80","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).75-80","url":null,"abstract":"Introduction. The recognition by the Supreme Court of the Russian Federation of the youth movement “AUE” as an extremist organization requires criminological analysis, both from the point of view of the social conditionality of a socially dangerous phenomenon, and in terms of possible criminal planning. Purpose. The goal is to consider the development of the criminal community of AUE and show what exactly determines the degree and scale of its criminality, to suggest the main directions of the strategy for countering this phenomenon. Methodology. Historical, systematic, and logical research methods are used. Results. In the historical context, the abbreviation “AUE” has several interpretations. One of them is indicated in the decision of the Supreme Court of the Russian Federation. The second sounds like this: “the convict way of life is one”, the third - “the convict urkagan unity”. In any case, we are talking about the spread of criminal ideology, which for a long time in Russia was not only ignored, but even “attached” to it in the form of perception and widespread use of Argo by professional criminals in the media. Within the framework of its activities and in its interests, members of the “AUE” committed extremist offenses, as well as mass riots. The movement's activities based on criminal and extremist ideology pose a real threat to the life and health of citizens, society and the state. The lack of attention of law enforcement agencies to this problem allowed the Association “AUE” to involve hundreds of thousands (and by some estimates - millions) of young people in its ranks and take root in the information and network space. The fascination with the younger generations ideas of the “AUE” is a natural result of the marginalization of the population, its sharp differentiation in access to standards of modern civilization, the result of the masses of poor, downtrodden people (F. M. Dostoevsky), located on the periphery of the living space - in the social and territorial dimensions. There is reason to believe that the emergence of the Association “AUE” is one of the embodiments of criminal design carried out by the criminal community of “thieves in law”. Conclusion. Association “AUE” corresponds to the characteristics of an extremist community. However, the strategy to counter this phenomenon should follow a certain order. First of all, it is necessary to block the trend of marginalization of the population. Second of all, it is necessary to establish special control over those objects where criminal ideology is especially actively implanted. The third is to ensure effective monitoring of social networks. And only in the fourth - to address the application of criminal law.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115362054","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 Means to Prevent Unjustified Payment of Pensions to Citizens Living Abroad","authors":"O. S. Kurchenko","doi":"10.24147/1990-5173.2020.17(4).53-64","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).53-64","url":null,"abstract":"Introduction. The legislation of the Russian Federation provides for the possibility of paying most types of pensions to those citizens whose place of permanent residence is a foreign state. At the same time, permanent residence of a pensioner abroad increases the risk of unjustified payment of pensions and creates the need to use additional legal means aimed at preventing such consequences. Purpose. The purpose of the study is to describe the system of legal means that are aimed at preventing unjustified payment of Russian pensions to citizens living abroad, and to analyze the provisions of Russian and international legal acts that establish these legal means. Methodology. To achieve these goals, formal legal (dogmatic) method and comparative legal method were mainly used. Results. The system of legal means to prevent unjustified payments to those Russian citizens who permanently reside abroad includes legal means provided for by national legislation and the norms of international treaties concluded by the Russian Federation. The first group is represented mainly by additional obligations of the beneficiary to inform the pension agency about maintaining the grounds for payment of pensions (especially the duty to confirm being alive), failure to which, as a general rule, constitute grounds for the suspension of payment of pension. The legal means stipulated in international legal acts are based on the interaction of the competent institutions of the Contracting parties and are implemented, as a rule, without the participation of the pension recipient. Conclusion. The expansion of the list of States with which Russia has concluded international agreements on cooperation in the field of social security and the improvement of national legislation in this area should help reduce the number of cases of excessive payment of pensions to citizens living abroad.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115928167","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":"To the Concept of Asylum. Right or Duty of the State?","authors":"O. Semyonova","doi":"10.24147/1990-5173.2020.17(4).65-74","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).65-74","url":null,"abstract":"Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122784214","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":"Specific Issues of the Resolving of the Internal and Cross-Border \u0000Conflict of Laws in the United States of America","authors":"Ivan Chumachenko","doi":"10.24147/1990-5173.2020.17(4).31-40","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).31-40","url":null,"abstract":"Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain states with the laws of other states, as well as, in some cases, with international law. Methodology. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of interpretation of legal acts and judicial precedents. Results. The author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as US doctrinal sources. The author provides the basic concepts regarding conflict law, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. Conclusion. Based on the results of the study, the author concludes that even if there are separate (special) legal acts, court cases, as well as doctrinal sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of US conflict law.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"7237 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125402391","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":"Activities of the Eurasian Economic Commission as the Main Regulatory Body of the Eurasian Economic Union","authors":"D. Galushko","doi":"10.24147/1990-5173.2020.17(4).25-30","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).25-30","url":null,"abstract":"Introduction. One of the most important aspects of the functioning of modern regional international integration organizations is the activity of their executive and regulatory bodies in cooperation with national competent authorities. This is especially relevant in the process of the functioning of the Eurasian Economic Union and the development of the legal order of this integration association. Purpose. The purpose of the study is to study and analyze the most important aspects of the activities of the Eurasian economic Commission in the context of interaction with national regulatory authorities. Methodology. The study used both General scientific methods of cognition - analysis, synthesis, induction, deduction, comparison, and private law methods (formal legal, technical-legal, and the method of legal analogy). Results. The article reveals the specifics of the legal status of the Eurasian Economic Commission as the main regulatory body of the Eurasian Economic Union, its specificity in the context of a set of supranational powers, largely due to which the integration processes within the Union are developing. Conclusion. The conclusions made as a result of the study can be used in relation to the improvement and development of the legal systems of international organizations of regional integration with the participation of the Russian Federation, in particular, the Eurasian Economic Union, as well as the process of interaction of national government bodies with the Eurasian Economic Commission.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133771593","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":"Organization of Justice in the Ostyak-Vogul National District in the 1930s","authors":"A. Kodintsev","doi":"10.24147/1990-5173.2020.17(4).16-24","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).16-24","url":null,"abstract":"Introduction. The publication reveals the history of the organization of the Soviet justice authorities in the national regions of Western Siberia in the 1930s. The example of the activities of judicial officials shows the state policy on organizing new courts in an isolated region of Russia. Purpose. The purpose of the article is to identify the features of the organization of bodies of Soviet justice in remote areas of the north of Western Siberia. Methodology. The main methods used in the study include the historical approach, the system-structural method and the comparative analysis method. Results. Since 1931 in the northern regions of the Ural and then Omsk regions, district justice bodies have been formed. District justice bodies subordinated to themselves the people's judges, notaries and bailiffs. They performed the role of the main regional justice body in conditions of remoteness from regional courts. They faced the task of improving the personnel of law enforcement agencies in the region. They could not complete this task for objective reasons. Most justice workers were young Communists and Komsomol members who advanced in the 1920s. They tried to compensate for the low level of competence through vigorous activity. However, the purges and repressions did not allow them to stay in their workplaces for a long time. The nominees often irritated the local authorities because of their attempts to follow the law. Repressions, low pay, and harsh environmental conditions pushed judicial officers out of the system and from the region. Conclusion. The history of organizational “perturbations” in the North of Western Siberia allows us to identify general trends in the personnel policy of the Soviet state in remote regions of Russia in the 20th century.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127030837","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":"Evolution of Scientific Ideas on Responsibility for Aiding and Abetting a Crime","authors":"S. S. Nekoz","doi":"10.24147/1990-5173.2020.17(4).86-96","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).86-96","url":null,"abstract":"Introduction. The study of the history of complicity is often carried out outside the context of the general history of criminal law, in this connection, one can find a very arbitrary approach to solving the question of the periodization of the normative history of complicity, which clearly does not contribute to the formation of general and correct ideas about the development of the corresponding criminal legal structure. The history of criminal law provisions on liability for complicity in the commission of a crime makes it possible to better understand the current state of this criminal law institution. In modern science, a typical method of analysis is to study only legal monuments that to some extent reflect the normative ideas about complicity in various historical epochs. In this case, neither available sources from judicial practice nor the provisions of criminal law doctrine are taken into account. This approach to the organization of research is not only incomplete, but also significantly distorts the very principle of historical and legal analysis. Purpose. The purpose of the study is to provide a comprehensive analysis of the evolution of scientific concepts of responsibility for aiding and abetting a crime, which will prevent an arbitrary approach to the issue of periodization of the normative history of aiding and abetting. Methodology. Various general scientific and special methods of cognition were used in this study. At the same time, the historical and legal method became the key one. Results. The study of the main models of criminal law assessment of complicity allows us to make important clarifications and additions to the existing scientific understanding of the genesis of this criminal law structure. First, it allows us to challenge the very categorical ideas formulated in science about the history of complicity, as a gradual transition from “less perfect” and “incorrect” legislative formulations to “more perfect” and “correct” ones. Second, the study calls into question the thesis about the linear development of criminal law science and practice in terms of assessing complicity in the “Soviet” and “pre-Soviet” period, that the development of complicity in the Soviet era followed the path developed by pre-revolutionary theory and practice. Third, the study proves that at all stages of the development of criminal law, the theoretical and normative understanding of complicity assumed the presence of at least two opposite models. Each alternative model assumed, due to the system properties of criminal law, a specific construction of other criminal legal institutions and norms (involvement, forms of complicity, crimes against public safety, stages of crime, rules for sentencing, etc.). Conclusion. The study of the main models of criminal-legal assessment of complicity presented in the history of domestic legislation and legal doctrine allows us to make important clarifications and additions to the existing scientific ideas about","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121771767","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":"Sources of Legal Regulation of Sports Relations in the Russian \u0000Federation and Foreign Countries","authors":"E. Kovalenko, O. Shavandina","doi":"10.24147/1990-5173.2020.17(4).41-52","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).41-52","url":null,"abstract":"Introduction. In modern conditions of socio-economic development of the Russian Federation, physical culture and sport are the key to the formation of a healthy lifestyle of the population and are important indicators of the success of the Russians participating in various sports events at various levels. At the same time, the number of people involved in physical education and sports in Russia is insignificant, due to the insufficient level of citizens' legal awareness, the inaccessibility of receiving high-quality services in this area, the underdeveloped infrastructure, and the presence of gaps and conflicts in the legal regulation of this block of public relations. One of the ways to solve these problems is to develop a system of sources of legal regulation of sports relations. Purpose. Based on the studied sources of legal impact on sports relations in Russia and foreign countries, theoretical developments and materials of judicial practice, the authors attempted to form a model of legal regulation of sports relations. Methodology. The authors in the process of writing the article used formal legal, logical, systemic and comparative legal methods. Results. A study of existing sources of Russian and foreign law governing sports relations suggests the presence of a complex multi-level system of legal regulation. The state level of legal impact is represented by a set of regulatory legal acts, which are formal sources of regulation of sports relations. The non-state level includes customs, unified rules, other recommendatory acts, as well as local and contractual norms created by the participants in sports relations themselves, taking into account the specifics of the relations established between them. Conclusion. Based on the analysis of various sources regulating relations in the field of physical culture and sports in Russia and foreign countries, the authors propose a model of legal regulation of sports relations in the Russian Federation, which is a multi-level system of sources of state and non-state influence on the behavior of participants in these relations. It is concluded that it is necessary to expand the dispositive principles in the system of legal regulation of sports relations through the active use of such regulators as local and contractual rulemaking, as well as other forms of non-state influence on the behavior of participants in these relations.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"28 3-4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116714880","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":"Review of the Monograph by R.G. Ardashev, N.N. Kitaev","authors":"V. Azarov, Natalya I. Revenko","doi":"10.24147/1990-5173.2020.17(4).111-113","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).111-113","url":null,"abstract":"Introduction. The paper reflects the results of reviewing the monograph by R.G. Ardashev and N.N. Kitaev “Post-Criminal Suicide of Murderers: Forensic Support of Investigation” (Ulan-Ude, The Publishing House of Buryat State University, 2020. 216 p.). Results. The authors analyzed and confirmed the relevance and scientific novelty of the proposed methodology for investigating murders associated with subsequent suicide of the criminal, typical investigative situations depending on the time of post-criminal suicide. Typical investigative versions and algorithms of the investigator's actions for their verification, including a set of investigative and other measures, are highlighted. The article analyzes the tactical features of conducting an examination of the scene of an accident and interrogation, as well as relevant forensic examinations, and indicates the need to use various methods of pathological, anatomical, and anthropological research. The review gives a high assessment of the practical significance of the monographic research, which contains appropriate information and methodological support for the investigation of crimes of this category.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131367602","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 Concept of Unsolved Crime","authors":"Alexander V. Revyagin, Alexander Y. Gudkov","doi":"10.24147/1990-5173.2020.17(4).81-85","DOIUrl":"https://doi.org/10.24147/1990-5173.2020.17(4).81-85","url":null,"abstract":"Introduction. Problems that arise in the process of solving crimes have always been the object of scientific attention of specialists in various fields of professional activity. They are also specialists in the fields of criminal law, criminal procedure, criminology, operational investigative activities and criminology. This is not by chance, since the ways to solve this problem are multi-volume, multi-faceted and include numerous areas of scientific knowledge and practical analysis of the most pressing issues of combating crime in Russia. Unsolved crime has a number of significant patterns that, in turn, determine its criminological and social nature, as well as determine the need for its further research. Purpose. Definition of approaches to the formulation of the concept of unsolved crime. Methodology. Various General scientific and special methods of cognition were used in this study. At the same time , the key ones were the dialectical method and the method of system analysis. Results. As a result of a consistent and systematic analysis of legal categories, we developed our own definition: unsolved crime is a socially dangerous phenomenon, expressed in the aggregate of officially registered criminal acts that remained unsolved due to the failure to identify the perpetrators during the Statute of limitations for criminal prosecution, accumulating a statistical array of unsolved crimes of previous years. Conclusion. The concept of unsolved crime has scientific and practical value, since the signs and properties of this type of crime define it as an independent type of crime that determines new approaches to the study of this criminological phenomenon, as well as to improve the fight against crime.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"250 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116414240","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}