{"title":"ISSUES OF ADMINISTRATIVE OFFENSE, ADMINISTRATIVE RESPONSIBILITY AND ADMINISTRATIVE PENALTIES","authors":"A. Kurakin, Aleksandr Haritonov","doi":"10.29039/2312-7937-2023-4-28-41","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-4-28-41","url":null,"abstract":"The article considers such a phenomenon as an «administrative offense», reveals its signs, characterizes such a sign as a public danger, and formulates proposals for its normative consolidation. The authors note that the only basis for administrative responsibility is precisely an administrative offense. Based on these positions, the categories stated in the title of the article are actually considered. \u0000The importance of such a category as \"administrative punishment\" will be determined by its functionality in countering the commission of administrative offenses. Disclosure of the essence of administrative punishment may make it possible to balance private and public interests in the application of various measures of administrative responsibility, as well as to avoid violations of the requirements of legality and the rights of citizens.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":" 366","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139618091","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":"ELECTRONIC JUSTICE IN RUSSIA: SIGNIFICANCE, PROSPECTS FOR DEVELOPMENT AND IMPROVEMENT","authors":"Andrey Melentev, Raul' Dzhindzholiya","doi":"10.29039/2312-7937-2023-4-14-27","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-4-14-27","url":null,"abstract":"In the modern world, information and communication technologies are widely used in almost all areas of human activity. In legal proceedings, the introduction of information technology began in the 80s, and today electronic justice has already been created. In the Russian Federation, this opportunity appeared on January 1, 2017; over five years, quite a lot of work by domestic and foreign scientists has been devoted to it. However, despite a significant amount of research on the topic of e-justice, not all aspects of this problem are sufficiently developed. It is necessary to pay serious attention to the analysis of modern problems in the development of electronic justice and the prospects for its improvement in the Russian Federation. \u0000Thus, at present, electronic justice is just beginning its development. New services are appearing in Russia and abroad, the purpose of which is to simplify the legal process and solve emerging problems that affect the development of electronic justice. The presence of problems in the use of electronic justice and the lack of sufficient information in this area determine the relevance of the topic considered in the work.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":" 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139616912","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 A QUESTION ON CRIMINAL LEGAL CHARACTERISTICS OF MURDER AND PERSONS CONVINCED FOR IT","authors":"E. Kunts","doi":"10.29039/2312-7937-2023-2-69-75","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-69-75","url":null,"abstract":"Murder is one of the most serious crimes, as it encroaches on the inherent highest human value – life. Murder has been committed at all times of human existence. At the present time, when humanity has become smarter, more humane, more civilized, the percentage of murders from the share of all crimes still remains quite high. Despite the legislative consolidation and criminal legal protection of the right to life, the statistics on the level of murders are quite high, which is rather sad. Of particular concern is the increase in the overall crime rate of serious crimes, as well as the relatively stable rates of the number of women convicted of murder. The author considers it expedient to toughen the punishment for murder, which will be, first of all, significant not in the criminal-legal plan, but in terms of preventive, intimidating, since a person is a biological being who is inherently afraid of punish-ment.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125391221","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":"CONCEPT AND CONTENT CONVENTIONAL CRIMES, ATTACKING INDIVIDUAL FREEDOM","authors":"R. Babaev","doi":"10.29039/2312-7937-2023-2-62-68","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-62-68","url":null,"abstract":"In modern Russia, human and civil rights and freedoms are proclaimed the highest value. However, negative changes in the criminological situation have led to the emergence of new, more sophisticated and violent types of crimes. These include, first and foremost, conventional crimes infringing upon the freedom of the individual. These crimes are not only criminal, but also social and political phenomena. Their commission causes serious damage to the individual, the security of the state and society. Therefore, the detection, prevention, suppression and disclosure of crimes that in-fringe on the freedom of the individual appears to be one of the most important tasks facing the law enforcement agencies of the Russian Federation. \u0000The article substantiates the concept of conventional crimes encroaching on the freedom of the individual; considers the approaches of some scientists to the concept of personal freedom and the definition of the object of criminal offenses provided by Chapter 17 of the Criminal Code. Exploring the content of the concepts of «personal liberty» and «personal freedom» the author concludes about the content of the object of crimes aimed at personal freedom and offers his own concept of personal freedom, its physical and mental inviolability, expressed in its independence and autonomy.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"111 40","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131914143","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":"AREAS OF ACTIVITY ON THE PREVENTION OF ILLEGAL MIGRATION IN RUSSIA","authors":"O. Klimova, Ella Abdryakhimova","doi":"10.29039/2312-7937-2023-2-58-61","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-58-61","url":null,"abstract":"Main topic of this article is an issue of the illegal migration in Russia, as well as some legal methods of its prevention. The authors analyzed the literature sources related to the topic of the study, the re-sults of which outlined a number of topical aspects that determine the need for legal regulation of the status of migrants in Russia. At the same time, the issue of the emergence and development of measures to counteract illegal migration has been studied, and the main directions chosen by states in the implementation of migration policy have been described. The article also presents different points of view of government officials and scientists, demonstrating the commonality of their views on migration as a global problem in the context of the country's state security and the development of interethnic relations. Special attention in the study is paid to preventive measures to influence migra-tion processes, including measures to block and eliminate Internet resources that provide illegal ser-vices to foreign citizens in the field of migration","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124988377","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 IMPROVEMENT OF MEASURES FOR THE PROTECTION OF MINORS IN THE EVENT OF A THREAT TO THEIR LIFE AND HEALTH IN FAMILY RELATIONS","authors":"Kristina Aseeva, E. Timoshina","doi":"10.29039/2312-7937-2023-2-97-103","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-97-103","url":null,"abstract":"The article touches upon the existing problem of legal regulation of the protection of minors in the event of a threat to their life and health in family and domestic relations. The article considers the practice of illegal removal of children from parents as a result of the application by the guardianship and guardianship authorities of Article 77 of the Family Code of the Russian Federation, which regu-lates the removal of a child from his parents (one of them) or from other persons in whose care he is with a direct threat to his life or health. \u0000As a way to solve these problems, it is proposed to amend the current legislation, providing for the introduction of the institution of \"temporary measures to protect the child\", which ensures the prompt solution of the problem of protecting a minor who is without supervision and assistance in a situation that threatens his life.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116293713","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":"LIMITS OF COGNITIVE ACTIVITY OF SUBJECTS OF PUBLIC EXAMINATION","authors":"A. Kaunov","doi":"10.29039/2312-7937-2023-2-150-155","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-150-155","url":null,"abstract":"The article analyzes the problematic issues concerning the limits of the use of coercion during the public survey. \u0000The author considers two approaches existing among scientists engaged in the study of the prob-lems of operational investigative activities concerning the limits of cognitive activity of subjects of public examination. The article analyzes the arguments of adherents of both approaches regarding the content of the survey conducted in the vowel form. \u0000The author of the article proposes amendments to the legislation regulating operational-investigative legal relations by fixing the rules concerning the procedure for conducting a public sur-vey, as well as the legal status of the person in respect of whom it is carried out.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129282230","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":"FORMATION OF NATIONAL CRIMINOLOGY (TO THE 100TH ANNIVERSARY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW)","authors":"Y. Truntsevskiy, Andrey Shmonin","doi":"10.29039/2312-7937-2023-2-155-167","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-155-167","url":null,"abstract":"The purpose of the study: is to characterize the role of the Institute in the development of the national science of criminology, in laying the foundations for the organization and institutionalization of foren-sic research. \u0000Methods and objects of research: the methodological basis is presented by the dialectical method of scientific cognition. In the course of the research, private scientific methods of cognition and his-toricism were used. Thus, when presenting empirical material, formulating the results and conclu-sions of the study, methods of formal logic were used. \u0000Main results and conclusions based on the results of the study: based on the study of archival documents, many of which are being introduced into scientific circulation for the first time, the role of the Institute in the development of the national science of criminology, in laying the foundations for the organization and institutionalization of forensic research was characterized.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121226103","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":"CRIMINOLOGICAL ANALYSIS OF THE PERSONALITY OF THE CRIMINAL, FRAUDING WHEN RECEIVING PAYMENTS","authors":"Elena Milyakina","doi":"10.29039/2312-7937-2023-2-90-96","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-90-96","url":null,"abstract":"Introduction. The article aims to characterize the identity of a fraudster with payments. To achieve this goal, a list of tasks has been formulated, for the solution of which the identity of a fraudster with payments has been studied by statistical and logical analysis of information grouped by demograph-ic, socio-economic and moral-behavioral criteria. Based on the results obtained and taking into ac-count the studies previously conducted by the author, conclusions and suggestions on the use of the identity characteristics of a fraudster with payments for law enforcement purposes are formulated. \u0000Methods. Methods of systematization and analysis, statistical research, content analysis of publi-cations on similar topics were used. The logical method is applied in order to formulate conclusions. \u0000Results. Demographic, socio-economic, moral and behavioral criteria of the identity of a fraudster with payments are investigated. The features, differences from the identity of financial fraudsters are highlighted. \u0000Discussion and conclusion. It is concluded that it is advisable to use the characteristics of the identity of a fraudster with payments to develop preventive measures. The directions of using the characteristics of the identity of a fraudster with payments in law enforcement are proposed.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121309638","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":"OPTIMIZATION OF CRIMINAL PROCEEDINGS IN THE CONTEXT OF DIGITAL TRANSFORMATION","authors":"Pavel Vlasov","doi":"10.29039/2312-7937-2023-2-117-121","DOIUrl":"https://doi.org/10.29039/2312-7937-2023-2-117-121","url":null,"abstract":"The paper reveals the problems of using modern technologies in criminal proceedings, suggests ways to optimize criminal proceedings through the digital transformation of criminal procedural forms regulating the procedure for the production of investigative actions. A special place in the work is given to the consideration of the issues of remote identification, the tactical features of the mandatory use of video recordings and the need for legislative regulation of the procedure for communicating the received video materials, conducting remote investigative actions in the \"multi-conference\" mode. The problems of ensuring the participation of lawyers in investigative actions conducted remotely are identified that require resolution.","PeriodicalId":344031,"journal":{"name":"VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132371854","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}