Oeconomia et JusPub Date : 2023-12-27DOI: 10.47026/2499-9636-2023-4-1-11
E. Antonovskaya, Svetlana V. Lavrentieva
{"title":"THE PROBLEM OF MOTIVATION IN CIVIL SERVANTS IN THE RUSSIAN FEDERATION","authors":"E. Antonovskaya, Svetlana V. Lavrentieva","doi":"10.47026/2499-9636-2023-4-1-11","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-4-1-11","url":null,"abstract":"Currently, the civil service is receding into the background in the opinion of promising qualified personnel due to a large number of restrictions and low wages, in this regard, there is an outflow of employees from the civil service to the commercial sector, where wages are much higher. This problem requires a lot of attention, since it is the professionalism of the state apparatus staff that will determine the effectiveness of their activities, which will directly affect the socio-economic development of the state. The purpose of the study is to develop recommendations to improve the ways of motivating civil servants in Russia based on the analysis of the Russian motivation system and foreign experience in stimulating civil servants. Materials and methods. The work used analytical and expert methods, comparative legal analysis, generalization of Russian and foreign experience in stimulating the work of civil servants. Materials of legislative acts, scientific literature, and expert publications were used in the study of the incentive system. Study results. The article analyzes material and non-material methods of motivating civil servants, it examines the reform carried out in the Russian Federation in the field of monetary maintenance of civil servants. The salary structure of civil servants in foreign countries and in the Russian Federation is analyzed, the possibility of introducing a similar foreign system into the Russian public sector wage system is considered. Reforming the remuneration system is important in motivating civil servants; therefore, at the state level the work is underway to improve the salaries of civil servants. To date, the basis for reforming the monetary maintenance of civil servants is made by an increase in the fixed part in their salary structure, while financing the increase in the fixed part will be carried out at the expense of budgetary funds. In general, according to experts, this should revitalize the personnel in the civil service of the Russian Federation, which will increase the efficiency of public administration and stimulate the human resources potential in public authorities. Problems in the system of motivation of civil servants of the Russian Federation were also identified and mechanisms were developed to help solve them. Conclusions. The article proposes measures to improve the methods of motivating civil servants used in Russia, which can affect the quality and efficiency of their work, and the analysis of mutual influence of the proposed incentive methods will make the management process in a public authority more effective, this should lead to increased motivation and involvement of civil servants in order to retain them in public service.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"71 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139153153","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}
Oeconomia et JusPub Date : 2023-08-26DOI: 10.47026/2499-9636-2023-2-10-18
Ilchat I. Ziganshin, T. Serebryakova
{"title":"BALANCED DEVELOPMENT OF THE REGION AS A SUBJECT OF RISK FACTORS","authors":"Ilchat I. Ziganshin, T. Serebryakova","doi":"10.47026/2499-9636-2023-2-10-18","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-10-18","url":null,"abstract":"Balanced development of the regions is currently a vital task, the purpose of which is to improve and equalize the quality of life in all regions, regardless of their natural and technological conditions. The purpose of the article is to study possible risks for the regional economy or, conversely, new opportunities for its development in connection with existing methods of sustainable and balanced regional development. Materials and methods. The materials used in the study are publications of scientists on the problems of balanced regional development, a set of indicators that characterize it. The study used the following methods: systemic and situational approaches, dialectical, logical ones, simulation modeling. Results. The Russian approach to balanced development reflects equality of economic opportunities to meet the social needs of the population in the regions in order to equalize the quality of life and to ensure its equal level throughout the country. It is in this sense that the problem of balancing regional economies should be approached. To identify the risks of imbalance it is proposed to form a region's economic system consisting of five components, all of them are internal ones: 1) the industrial complex; 2) the agro-industrial complex; 3) the socio-demographic complex; 4) the financial and monetary complex; 5) regional management. The system is open and connected with federal components and other regions. The main risk-forming factors are present in the financial component operating both within the system and in external financial interaction. The practical significance of the research results lies in the fact that, based on the proposed formation of a regional economic system, it is possible to identify the risks of its imbalance, taking which into account the system of monitoring financial risks of an unbalanced regional economy is configured. Conclusions. External factors of opportunities in the form of federal transfers make it possible to level the inequality of regions and ensure their sustainable development. It is necessary to assess the impact of this external factor through the effectiveness of regional development and financial security threats.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127063158","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-1-9
Valentina A. Arkhipova
{"title":"TRENDS IN THE DEVELOPMENT OF ORGANIC AGRICULTURE IN RUSSIA AGAINST THE BACKGROUND OF GLOBAL TRENDS","authors":"Valentina A. Arkhipova","doi":"10.47026/2499-9636-2023-2-1-9","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-1-9","url":null,"abstract":"The article analyses the current state of the organic products market in the Russian Federation against the background of global trends. The purpose of this study is to identify trends and prospects for the development of organic agriculture products market in Russia in current geopolitical conditions based on the analysis of its condition and the system of state support. Materials and methods. In the course of the study, reports and materials of the World Organization for Organics (IFOAM), reports and projects of the Organic Farming Union were used. The methods of systemic and statistical analysis, historical and expert assessment methods made it possible to study the current state and development trends of the world and domestic organic markets. Results. The transition to the production of organic food is considered to be one of the modern trends in the development of the world economy. Indicators reflecting the development of the world market of organic agriculture products are increasing every year. Despite the fact that the Russian market of organic products has a small share in the structure of the global organic market, positive trends in its development have been noticeable in recent years: significant growth rates of certified organic land, stabilization of the domestic market volume, increased consumption of organic food. The article summarizes the main instruments for the state regulation of organic producers in the Russian Federation, identifies problems hindering the development of this sector. According to the results of the study, the strategic directions in the development of the organic market in Russia for the nearest future are systematized. Conclusions. Adoption of the Strategy for the Development of Organic Agriculture in Russia should contribute to the entry of the Russian market of organic products to a new competitive level.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124188701","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-19-33
N. Z. Zotikov
{"title":"FINANCIAL AND BUDGETARY PROBLEMS OF THE CAPITALS OF THE REPUBLICS, REGIONAL CENTERS","authors":"N. Z. Zotikov","doi":"10.47026/2499-9636-2023-2-19-33","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-19-33","url":null,"abstract":"The relevance of the study is due to the need to ensure the economic independence of regional budgets, reduce their dependence on the federal center, which will ensure enhancement of the economy of the entire state in the face of total economic sanctions from the West. In the composition of local budgets in the budgetary system of the Russian Federation, a special place is occupied by administrative centers (capitals of republics, regional centers) belonging to urban districts, whose budgets are formed according to the general rules applied to all links that make up local budgets. The purpose of the article is to investigate the existing fiscal mechanism, its impact on the budgets of administrative centers on the example of 6 autonomous republics that are part of the Volga Federal District. Materials and methods. The study is based on data from Rosstat, the Ministry of Finance of Russia, the Federal Tax Service of Russia, the tax legislation of the regions under study. The study used analysis and synthesis, grouping, generalization, tabular method. Study results. The study established the presence of a high centralization degree in budget revenues: more than a third of all federal budget revenues, including up to 40% of tax revenues, are concentrated in the Central Federal District. According to data for 2021, the share of gratuitous receipts in budget revenues varies from 10.6% in the Central Federal District to 64.2% in the North Caucasus Federal District. In the amount of tax revenues in the consolidated budgets of the republics, the share of the capitals of the republics is insignificant, and this is the reason why the share of gratuitous receipts in the budgets of the republican capitals is large, many times exceeding the amount of tax revenues of the budgets. The tax revenues in the budgets of the capitals of the regions per one inhabitant are significantly less than the tax revenues per one inhabitant in the republic as a whole. Conclusions. These circumstances indicate the need to make significant changes to the fiscal mechanism regarding the formation of budgets of the regional administrative centers.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123494326","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-34-42
A. A. Nazarov
{"title":"EXPERIENCE IN THE DEVELOPMENT OF A NATIONWIDE AUTOMATED DATA PROCESSING AND CONTROL SYSTEM AND PROBLEMS OF ITS IMPLEMENTATION IN THE NATIONAL ECONOMY OF THE USSR","authors":"A. A. Nazarov","doi":"10.47026/2499-9636-2023-2-34-42","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-34-42","url":null,"abstract":"The review article is devoted to the analysis of the experience in developing a project of a Nationwide automated data processing and control system (OGAS), as well as the problems of its implementation in the national economy of the USSR. It is stated that the emergence of the very idea of OGAS and its subsequent development in the form of computable general equilibrium models (CGE models), dynamic stochastic general equilibrium models (DSGE models) and agent-oriented models are associated with the objective complication of socio-economic relations at all levels, the social nature of production, a high degree of labor differentiation and deep specialization of industries, informatization of production, as well as availability of high-performance computing systems and a widespread use of supercomputer technologies for monitoring, forecasting and planning socio-economic indicators of objects and processes of the world economy, which is reflected in the works of domestic and foreign researchers. Research methods. The main methods were literature analysis, generalization, comparison and systematization of empirical and theoretical data. Results. As the analysis of scientific literature showed, it is possible to distinguish two points of view on defining the main reasons that hindered the development of the OGAS project and resulted in its curtailment. The first point of view is based on the narrative of a \"missed chance\", and the departmental interest is defined as the main factor. According to the second point of view, one should be critical of the position about unrealized opportunities for the development of Soviet cybernetics, computer technology and computer science and the position about the presence of \"milestone\" solutions, after which this development abruptly stopped, in addition, the narrative of a \"missed chance\" does not make it possible to objectively assess the conditions in which this or that historical event took place, and shifts all responsibility for the failure in implementation on to specific administrative structures or persons who made the decision at that time. Conclusions. Despite the fact that the idea of developing and implementing OGAS in the national economic activity of the USSR was progressive and the administrative and command form of management contributed to this, there were still no sufficient objective conditions for its full implementation.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116854603","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-64-70
Dmitrii V. Zmievskii
{"title":"IMPROVEMENT OF LEGAL MECHANISMS FOR COUNTERING MONEY LAUNDERING THROUGH THE USE OF ELECTRONIC PAYMENT INSTRUMENTS","authors":"Dmitrii V. Zmievskii","doi":"10.47026/2499-9636-2023-2-64-70","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-64-70","url":null,"abstract":"The purpose of this research is to study the current state of legal regulation to counter money laundering through the use of electronic payment instruments and on its basis to develop proposals for improving the relevant legal mechanisms. Materials and methods. To achieve the purpose of the study, the initial data were used: 1) regulatory legal acts adopted by state authorities of the Russian Federation; 2) materials of the latest judicial practice; 3) working materials of divisions of credit organizations engaged in anti-money laundering activities. The analysis and generalization of these materials made it possible to identify the actual problems in legal regulation of the institution in question in modern conditions and to develop proposals to overcome them. Study results. Current problems of improving the legal mechanisms for countering legalization (laundering) of funds and other property obtained as a result of criminal encroachments in the context of the use of electronic payment instruments are considered. The study found that creation of a legal mechanism regulating the digital assets market, as well as interpretation of regulations by judicial authorities, have a positive effect in the fight against legitimization of criminally acquired income. At the same time, the effectiveness of implementing such legislation in the field under consideration is associated with the need for careful studying the technological aspects of its application. The gradual introduction of the digital ruble will also make it necessary to improve legislation in the field of countering money laundering. The thesis is expressed that such improvement should be based directly on the characteristics of the digital ruble. Conclusions. When making amendments to the criminal legislation in order to exclude possible negative legal consequences of future law enforcement, it seems appropriate, if necessary, to use mechanisms of preliminary constitutional judicial control. The main directions of international cooperation in the field under consideration are: on the basis of regional rules creation of uniform international standards for countering money laundering, including uniform approaches to the criminal legal qualification of relevant acts, as well as formation of a legal and technical basis to implement operational information exchange between law enforcement agencies of various states on the facts of illegal using electronic means of payment.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122996978","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-86-93
E. Kunts
{"title":"SCIENTIFIC SUBSTANTIATION OF THE PROBLEM OF JUVENILE CONVICTS SERVING SENTENCES IN EDUCATIONAL COLONIES","authors":"E. Kunts","doi":"10.47026/2499-9636-2023-2-86-93","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-86-93","url":null,"abstract":"The purpose of the study is a comprehensive scientific substantiation of the problem of minors sentenced to imprisonment and their correction. Materials and methods. The methodological basis of the research is a set of techniques and methods of cognition of this social life phenomenon. This methodology enabled us to examine the features of serving a sentence in the form of liberty deprivation by minors as a phenomenon, its social and historical aspects. In determining the methods of scientific research, the basis was made by the relationship and interdependence of social, criminological, psychological, economic, legal, organizational effectiveness factors in effective protecting the safety of the under-age convicted during the period of serving a sentence of imprisonment in a juvenile correctional facility. Results. The decrease in the rates of crimes committed by minors was facilitated by the activities of law enforcement agencies to prevent illegal behavior and to protect the youth environment from criminalization. All crimes for which minors are serving sentences in the form of imprisonment were committed with direct or indirect intent, a significant part of which are violent and mercenary crimes. Conclusions. There is a significant deterioration in some characteristics of the convicted minors serving sentences, for example, according to such an indicator as the severity of the crime committed. An increase in the number of female and male minors serving sentences for extremely serious crimes is noted, which is explained by contradictions in the development of modern society, the nature of moral formation of personality, increased tension in society, as well as changes in the direction of increasing public danger of female minors in the structure of crime.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128447159","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-94-100
Andrey V. Mishin
{"title":"CRIMINALISTIC PROBLEMS OF ENSURING INVESTIGATIVE ACTIONS INVOLVING THE PROTECTED PERSON","authors":"Andrey V. Mishin","doi":"10.47026/2499-9636-2023-2-94-100","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-94-100","url":null,"abstract":"The tactical features of the production of investigative actions in which the protected person takes part as the subject of the process in respect of which security measures are applied are considered. The relevance of the consideration of criminalistic problems of ensuring investigative actions with the participation of the protected person is caused by the lack of necessary scientifically-based developments of practical recommendations on the organization and tactics of the production of such investigative actions. The purpose of the study is to improve the organizational, tactical, criminalistic and psychological aspects of criminalistic provision of investigative actions with the participation of the protected person in order to optimize and improve the effectiveness of law enforcement practice in cases of crimes related to unlawful encroachment on the participants of the process. Materials and methods: the study was conducted using the general dialectical method of scientific cognition, as well as system-structural, cognitive methods and techniques. The results of the study and conclusions: the features of the forensic support of investigative actions with the participation of the protected person are revealed, which are explained by the organizational, tactical and procedural conditions of their conduct, as well as the criminalistic mechanism for solving tactical tasks for the application of security measures. The interrelation of the investigative actions under consideration in procedural and tactical aspects is established, based on the fact that they play an important role both in collecting and examining evidence in a criminal case and in ensuring a sufficient level of protection of participants in the process. Practical recommendations on the criminalistic support of investigative actions with the participation of the protected person are proposed, in particular, the need for careful preparation of the investigative actions under consideration with the coordinated interaction of the investigator with the state protection units is justified.","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128995287","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-71-85
I. Kozachenko, Evgenia E. Melyukhanova
{"title":"SENTENCING FOR A CRIME COMMITTED IN COMPLICITY","authors":"I. Kozachenko, Evgenia E. Melyukhanova","doi":"10.47026/2499-9636-2023-2-71-85","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-71-85","url":null,"abstract":"Introduction. The Institute of complicity in the science of the criminal law has received and continues to receive close attention. Signs of complicity, forms and types of complicity, rules to qualify crimes committed in complicity, and much more are discussed in detail. However, as a rule, special attention is not paid to the issues of sentencing for a crime committed in complicity. The article deals with the problems of sentencing for a crime committed in complicity. The purpose of the study is to analyze the theory and practice of sentencing for a crime committed in complicity, to formulate their own proposals for improving the sentencing of accomplices. Materials and methods. The study is based on the provisions of the Criminal Code of the Russian Federation on imposing punishment for a crime committed in complicity, as well as the practice of their application. The research methodology includes the use of such methods as axiological, logical, methods of analysis and synthesis, which makes it possible to significantly expand the subject of research. However, due to the specifics of the study, the methods of system-structural and functional analysis are used as the main ones. Study results. There are no rules in the criminal law for imposing punishment to accomplices of a crime. The authors analyzed Article 67 of the Criminal Code of the Russian Federation, dedicated to imposing punishment for a crime committed in complicity. The specified norm contains only evaluation categories. Therefore, the guideline specified in Article 67 of the Criminal Code of the Russian Federation when imposing punishment for a crime committed in complicity cannot be considered suitable for the practice of sentencing. Qualifying signs related to complicity are considered separately. Committing a crime as part of a certain criminal group entails imposing a more severe punishment. The authors analyzed the proposals available in the scientific literature concerning the introduction of rules for sentencing as part of a criminal group. However, the proposals are based solely on analogy with the special rules of sentencing already available in the criminal law, there is no justification for the limits of adding greater punitive measures: three-quarters, two-thirds, three-fifths, one-third, etc. It seems that this approach is not based on factual data confirming the specific limits of adding greater punitive measures. The analysis of judicial practice of sentencing for a crime committed as part of a criminal group leads to the conclusion that there are problems due to the presence of a conflict in the criminal law: the presence in the criminal law of such an aggravating circumstance as committing a crime as part of a group of persons, a group of persons by prior agreement, by an organized group or a criminal community (criminal organization) and the similarly-named qualifying signs of the elements of crimes provided for in the Special Part of the Criminal Code of the Russi","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"61 7-8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120917716","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}
Oeconomia et JusPub Date : 2023-06-26DOI: 10.47026/2499-9636-2023-2-54-63
V. Avdeev, E.V. Shumakova
{"title":"REGULATION OF THE PRINCIPLE OF HUMANITY IN THE CRIMINAL LAW AND ITS IMPLEMENTATION AT THE LAW ENFORCEMENT LEVEL","authors":"V. Avdeev, E.V. Shumakova","doi":"10.47026/2499-9636-2023-2-54-63","DOIUrl":"https://doi.org/10.47026/2499-9636-2023-2-54-63","url":null,"abstract":"The article deals with the topical issues of criminal sentencing in the context of implementing the principle of humanity, the problems of legislative regulation of this principle in the criminal law and ensuring human rights and freedoms, including personal freedom, personal inviolability and dignity of the individual in the mechanism of criminal law regulation. The purpose of the study is to reveal the concept of humanism as a principle of the law from the point of view of the strategic component in the development of legal policy, including the criminal law; to analyze comprehensively the legislative formula containing the definition of the principle of humanity, and the development of proposals for its actualization. Materials and methods. Implementation of the research goal was achieved with the help of general scientific (analysis, synthesis) and specific scientific (formal legal, comparative legal) methods. Results. The variety of approaches to the concept of \"humanism\" is analyzed, taking into account the accumulated knowledge in the field of social sciences, including legal sciences. The legal assessment of the legislative formula defining the principle within the framework of Article 7 of the Criminal Code of the Russian Federation is given. It is noted that the result of implementing the humanistic principles in the criminal law is legislative consolidation in the criminal law of the system of punishments, types of punishments and other measures of a criminal legal nature that differ in alternativeness, as well as formation of sanctions of criminal law norms that enable the court to selectively implement the approach against the person who committed the crime. At the same time, the conclusion is formulated that there is a variety of forms of regulating the signs and properties of the principle of humanism in various norms of both General and Special parts of the Criminal Code of the Russian Federation. Conclusions. The above-stated makes it possible to suggest that the legislative formalization of the principle of humanity in the criminal law is aimed at implementing criminal liability measures to the extent that they provide criminal protection of the interests of a person, the society and the state. At this, the measures of legal influence provided for by the criminal law must contain permissible types of criminal punishment and other measures of a criminal-legal nature, as well as orient the law enforcement officer to establish a \"minimum amount of punishment severity\". At the same time, the principle of humanity in the criminal law presupposes using measures to the guilty person that are both humanistic and sufficient to achieve the purpose of the criminal law, i.e. to restore social justice, correct the convicted person and prevent crimes. In the face of new threats and challenges the legislative regulation of criminal liability requires a systematic modernization aimed at regulating the elements of crimes that pose increased dang","PeriodicalId":431008,"journal":{"name":"Oeconomia et Jus","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134059009","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}