{"title":"RELEVANT ISSUES OF ARRANGEMENT OF ADMINISTRATIVE AREA ACTIVITIES BY INTERNAL AFFAIRS AGENCIES IN THE SERVICED TERRITORY","authors":"A. P. Valkov, Y. N. Kocherov, Sergey Sotnikov","doi":"10.18572/1812-3783-2020-6-63-66","DOIUrl":"https://doi.org/10.18572/1812-3783-2020-6-63-66","url":null,"abstract":"","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134271234","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":"PROSPECTS AND RISKS OF THE ARTIFICIAL INTELLIGENCE USE IN CRIMINAL PROCEEDINGS","authors":"Tatyana Sushina, A. Sobenin","doi":"10.18572/1812-3783-2020-6-21-25","DOIUrl":"https://doi.org/10.18572/1812-3783-2020-6-21-25","url":null,"abstract":"","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"184 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132278400","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 ASPECTS OF THE INVOLVEMENT OF MINORS IN SEXUAL EXPLOITATION","authors":"L. A. Dmitrieva, Anna B. Pryakhina","doi":"10.18572/1812-3783-2020-4-56-60","DOIUrl":"https://doi.org/10.18572/1812-3783-2020-4-56-60","url":null,"abstract":"","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116629584","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":"RUSSIAN INVESTIGATION AS VIEWED BY A HISTORIAN","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-12-3-10","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-12-3-10","url":null,"abstract":"The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121457815","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 LIABILITY OF LEGAL ENTITIES IN THE NETHERLANDS","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-10-73-80","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-10-73-80","url":null,"abstract":"The article is dedicated to issues of criminal liability of legal entities in the Kingdom of the Netherlands (the Netherlands). It is noted that the Netherlands refers to the countries the criminal laws of which are codified only in part and include special laws in addition to the national criminal code, the Dutch Criminal Code. Criminal liability of legal entities was first introduced in the Netherlands in 1950 by the special Law On Economic Crimes. Since 1976, criminal liability of legal entities has been regulated by the Criminal Code. The Netherlands has become the first country of continental Europe to include provisions concerning criminal liability of legal entities and legally equaled collective entities in the national Criminal Code. It is noted that the establishment of such liability has become possible due to viewing of criminal liability in the theory of law as a constituent part of social regulation of economic relationships, the subject of which is legal entities. The author states the views of Dutch scientists justifying the need for the introduction of criminal liability of legal entities from the sociolegal standpoint and describing its content. The range of subjects of criminal liability established for legal entities and the legal entities immune from such liability are indicated. Issues of bringing to criminal liability of legal entities having lost their legal personality as a consequence of merger, acquisition, split-up or liquidation after committing a crime are reviewed. It is emphasized that legal entities may be brought to liability for any crimes stipulated by national laws. The author also highlights the role of court judgments and the national legal doctrine for the understanding and application of provisions on criminal liability of legal entities. Types of punishments applied to legal entities are listed and the general characteristics of the criminal procedure of bringing of legal entities to criminal liability is given.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122242022","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 LAWS OF ROMANIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-9-75-80","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-9-75-80","url":null,"abstract":"The article is dedicated to the issues of the establishment of the criminal liability of legal entities in Romania. Prerequisites for the introduction of such liability and the national laws on the criminal liability of legal entities are reviewed. Attention is paid to the fact that Romania has established such liability in the Criminal Code unlike the majority of post-socialist countries of Eastern Europe having adopted special criminal laws on the liability of legal entities. Under the Romanian laws, a legal entity is liable for criminal offenses committed within the framework of the operations of the legal entity, on its behalf or in its name. However, the Romanian laws do not specify, a crime committed by which natural person may result in the origination of the criminal liability of a legal entity. It is noted that the criminal liability of a legal entity does not exclude the criminal liability of a natural person having committed the same act. The article reviews the types of criminal punishments imposed on legal entities, which include: liquidation of a legal entity; temporary suspension of operations or one of the types of operations of a legal entity; suspension of jobs at a legal entity; temporary prohibition of participation in state procurement procedures; subjection to judicial supervision; disclosure or publication of a decision on conviction of a legal entity. Such legal institutes as the period of limitation for bringing to criminal liability, repeated offense, amnesty are reviewed with regard to the criminal liability of legal entities.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115501312","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 HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-8-73-80","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-8-73-80","url":null,"abstract":"The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"70 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131774070","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 LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC","authors":"A. Fedorov","doi":"10.18572/1812-3783-2019-7-68-77","DOIUrl":"https://doi.org/10.18572/1812-3783-2019-7-68-77","url":null,"abstract":"The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"56 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126226391","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}
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