Russian Journal of Criminology最新文献

{"title":"Problems of Liability for Separatist Actions Under the Criminal Law of the Kyrgyz Republic","authors":"Gulnura Junushova","doi":"10.17150/2500-4255.2023.17(3).273-281","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(3).273-281","url":null,"abstract":"The author studies the specifics of the legislative structure of the criminal law norm on liability for separatist actions in the criminal legislation of the Kyrgyz Republic. The object of this crime is public relations aimed at protecting and ensuring the territorial integrity of the state and the exercise of lawful state power on the whole territory of the state. The difficulty of defining the objective side of separatist actions is connected with the absence of a consistent and universal definition of separatism in national or international legislations. The criminal law of the Kyrgyz Republic stipulates criminal liability for violating the territorial integrity of the state with the use of force. All other methods of committing actions aimed at violating territorial integrity are not criminalized, which is a drawback of the current criminal legislation of the Kyrgyz Republic. Such a structure of the objective side of separatist actions renders this criminal law norm unviable and hinders the differentiation between separatist actions and a violent seizure of power, an armed rebellion, etc. In order to improve the protection of the territorial integrity of the state using criminal law means, the author suggests implementing the experience of the Russian Federation into the criminal legislation of the Kyrgyz Republic and criminalizing such non-violent methods of separatism as public appeals to violating the territorial integrity of the state and a public propaganda of separatism. One of the problems of criminal prosecution for separatist actions is a poor definition of the features of its subject when the crime is committed in a violent manner. Thus, establishing the features of the general subject in cases of violating the territorial integrity of the state does not only lead to the confusion of this crime with related crimes, but also makes it difficult to incriminate a specific person because violent separatist actions can hardly be performed by a separate person. The identified flaws in the structure of the criminal law norm and the suggested ways of eliminating them can be viewed as directions for the further improvement of ensuring the territorial integrity of the state by means of criminal legislation of the Kyrgyz Republic.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139357906","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":"Axiological Risks of the Digitization of Criminal Proceedings: Statement of the Problem","authors":"Irina Smirnova","doi":"10.17150/2500-4255.2023.17(3).236-242","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(3).236-242","url":null,"abstract":"Starting from the thesis that the society is now undergoing radical changes due to the developing digital technologies and changes in axiological dominants, the author applies the transdisciplinary research method to the analysis of axiological risks of the digitalization of criminal court proceedings. The conclusions are formulated on the basis of subjective analysis, which allows for a subjective assessment of the likelihood of the risk, because this assessment is specifically linked to the multi-factor expert analysis. The author argues for several interconnected points. First, any stage of digitizing the processes of investigation and consideration of criminal cases (automation, digitization, digital transformation) poses risks for its participants, the only difference being that the gravity of possible negative consequences increases at each stage. Secondly, the legal assessment of the risk of digitizing criminal proceedings could be performed by assessing the likelihood of the risk situation — the «risk of the risk», as well as the assessment of the consequences of a risk situation — «the risk of the consequences of the risk». Finally, the underestimation of the risk in the sphere of criminal proceedings is manifold more serious than that in the private branches of law, as the digitization of criminal proceedings, which is one of the most repressive spheres of the functioning of the state, is connected with the necessity of reconsidering the existing procedural guarantees of the rights of a person in terms of their effectiveness and sufficiency. The author proves that the digitization of court proceedings is a priori a risk for the moral foundations of criminal court proceedings. It is stressed that digitization could primarily damage the moral foundations of criminal court proceedings. Using the example of one of the basic principles of criminal proceedings — the freedom of evaluating evidence (Art. 17 of the Criminal Procedure Code of the Russian Federation) — the author proves that it is necessary to preserve such an ethical category as conscience, which should guide the law enforcer in making decisions.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139358224","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":"Typical Situational-version Features of the Initial Stage of Investigating Unlawful Impact on Critical Information Infrastructure: Criminal Law and Criminalistic Aspects","authors":"Diana Stepanenko, Yaroslav Garmyshev","doi":"10.17150/2500-4255.2023.17(3).254-262","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(3).254-262","url":null,"abstract":"The authors examine the questions of ensuring national security on the basis of incorporating modern trends of the digitization of society into the classical approach when investigating criminal cases connected with unlawful impact on critical information infrastructure. Using the situational approach, clauses of criminal legislation and the theory of crime qualification, the authors determine the circumstances included in the subject of proof for the criminal cases of unlawful influence on critical information infrastructure, which serves as a foundation for building general and specific criminalistic versions, and is also the basic scheme for making plans during the preliminary investigation. The authors conclude that, in order to obtain a realistic picture, it is necessary and unavoidable that an aggregate of official criminalistic techniques and scientific approaches should be used to study criminal activities in the sphere of information systems. They stress the necessity of studying and incorporating various data of criminal law research into modern investigative practice. The dominant features of the initial stage are identified, which make it possible to formulate its key tasks. The description of the tasks at this stage predetermines its key functions — the search and cognitive work of investigators and the subjects of investigation they interact with, the use of expert knowledge, the leading role of investigative, operative search versions and expert versions. The specific character of information and search for it predetermine the dominance of search, communicative and experimental investigative actions in the structure of the investigation. The analysis of the specific features of carrying out procedural and other actions at the initial stage of investigation allowed the authors to make conclusions about the importance of using tactical complexes in the investigation. They specify a complex of criminalistic recommendations of technical, tactical and methodological character to be implemented in the practice of crime investigation with the purpose of optimizing the counteraction to unlawful impact on critical information infrastructure.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139358176","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":"Paradigms of Modern Criminology","authors":"V. Nomokonov","doi":"10.17150/2500-4255.2023.17(3).213-224","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(3).213-224","url":null,"abstract":"What is important today is the convergence and synthesis of research approaches that strive to explain destructive behavior. The basic methodological framework of modern criminology is composed of two competing approaches — the axiological (normative) and the ontological (sociological) ones. Both theoretical-methodological approaches possess, to a certain extent, some heuristic value and correlate according to the well-known principle of complimentarity. However, the actual variety of theoretical and methodological concepts in criminology is so rich that it cannot be reduced to the opposition of the two abovementioned approaches. The axiological approach to explaining the causes of crime logically leads up to the concept of so-called social deformations that are understood in a broad sense, not only as «deformations-violations», but also as «violations-imperfections» compared to some kind of social standard for these relations. The standard, in its turn, should not be defined speculatively, but should rather be objectively dictated by the historical perspective, the dominant trend of the development of this society and the whole human civilization. The new paradigm, which is becoming part of the arsenal of Russian criminology, is based on the acceptance of synergetics ideas by criminologists. In connection with this, the «principle of subordination» could be useful for explaining the causes of crime. It states that a complex task can be reduced to solving a small number of variables («the parameters of order») that determine all others. When understanding the causal complex of crime, it is crucial to find the general indicators playing the key, determining part in the system of this complex. The synergetic approach could also become the basis for a principally new concept of crime prevention in general. It explains why sometimes a very strong external influence on the system turns out to be far less effective than a weak influence does, and vice versa: the important feature of the influence is not for it to be strong, but to be resonant, i.e. maximally aligned to the features of the managed system. The idea of so-called positive criminology has been discussed in criminological publications in recent years. It is based on the humane-personal approach, and its successful implementation depends on a deeper understanding of a criminal’s personality.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139358456","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":"Some Aspects of the Forensic Study of an Underage Victims Personality in Crimes Against Sexual Freedom and Integrity","authors":"Akop V. Vardanyan, E. Foygel","doi":"10.17150/2500-4255.2023.17(3).263-272","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(3).263-272","url":null,"abstract":"One of the priorities of modern criminal policy is counteracting crimes against sexual freedom and integrity of minors, which is especially relevant in view of the Decree of the President of the Russian Federation announcing the Decade of Motherhood and Childhood. The authors state that the detection of such crimes is hindered by their latent character due to the victims’ fear of making their intimate life public, as well as the age-related features of juveniles and minors. The official statistical reports on the number of registered crimes against sexual freedom and integrity of minors and the number of identified underage victims mentioned in the article are alarming and testify to the necessity of developing scientifically grounded recommendations on intensifying the counteraction to such crimes. The head of the Investigative Committee of the Russian Federation also stresses that counteracting crimes against minors is a priority in the work of investigative bodies. The authors analyze the theoretical basis of recommendations in the works of scholars devoted both to the complex research of forensically relevant characteristics of the personality of an underage victim, and the research of its specific aspects, which helped to identify a system of personal features and conditions of the victim as a source of forensically relevant information reflected in the mechanism of the crime, and to single out investigative situations typical for the initial stage of investigating crimes against sexual freedom and integrity of minors. These investigative situations characterize the following conditions of investigating the crimes under consideration: the availability of information on the participants of the criminal event, their relationships, criminal actions, ways of concealing the crime and other measures aimed at counteracting the investigation. The analysis of the empirical basis of the research, namely, the results of studying criminal cases and statistical reports, allowed the authors to work out tactical solutions for organizing and carrying out the investigation in each of the specified investigative situations, the recommendations on establishing the psychological contact with the participants of investigative actions, as well as on dealing with organizational, procedural and operative-search problems.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139358144","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":"Synergetic Principles in the Methodo­logy of Criminological Thinking and Dialectics: Modern Approaches","authors":"Tatiana Sudakova","doi":"10.17150/2500-4255.2023.17(3).225-235","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(3).225-235","url":null,"abstract":"The current stage of post-modernism and technoscience, the rethinking of the role of fundamental philosophy with its basic principles and its general method of scientific cognition have brought to light many methodological problems that have so far been considered immutable. The article discusses the current relations between criminology and dialectics viewed as a basic methodological paradigm of social sciences, specifically, the humanitarian knowledge, as well as the role and meaning of synergetic thinking in this process. As a social-legal science, criminology made a wide use of dialectics and its principles as its general scientific methodological foundation. The role of synergetic principles in the development of the theory and practice of criminological knowledge, the correlation, interconnection, and borders of the dialectic and the synergetic approaches have been considered in the ideas of a small number of Russian experts, which could be assessed from the standpoint of their practical value. In the present context, it is important to stress the coexistence of dialectics and other methods of philosophic cognition, the need for a form of dialectics that better corresponds to the new conditions of a technogenic society, and is based not only on the descriptions of the general regularities of development, but also the description of its actual stages and the mechanism of their existence. The correct vision of dialectics in a specific situation acts as its adequate assessment, and is an essential moment in answering the question of the unity of scientific knowledge. Synergetics in this case is a sphere of dialectics in the context of applying a systemic approach to the analyzed phenomenon, it refers to one of the consecutive stages of the development of scientific knowledge. Synergy effect with the principles of self-organization should be viewed in the sociological-legal criminological context as a transformation of dialectic thinking in the new conditions, where the principles of dialectics are adequate to and, according to the rules of logic, incorporated with the synergetic potential of science. The research of the applicability of synergetic approach in criminology promotes the theory of the meaningfulness and possibility of using the principles of self-organization in the research of crime and its regularities, as well as the development of a strategy of crime counteraction at a qualitatively new level of cognition, when a systemic explanation of crime, of its trends and determination processes is not sufficient, and we need to reveal the integrative qualities of its unifying elements, which constitute crimes with features that are different. The goal of the research is to determine the attitude to dialectics and to synergetics, to assess their significance for the further development of the methodological principles of criminology, and to formulate the criteria and principles of applying social synergetics and its methodological te","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139358329","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":"Visual Information and Its Research in the Trial of Criminal Cases","authors":"Anna Khorosheva","doi":"10.17150/2500-4255.2023.17(2).184-192","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).184-192","url":null,"abstract":"The article presents the author’s view of the development of the trend connected with the research of visual information, which is a part of the theory of the judicial investigation of crimes. There is an urgent necessity to reconsider the traditional methodological approaches and combine them with latest achievements in various spheres of the humanities and natural sciences. Cognitivistics is recognized as one of such trends that is potentially ready to be adapted for the sphere of criminal law sciences. The author stresses that the results obtained by cognitive sciences could, after necessary research, be successfully used to develop recommendations on working with judiciary information. It is claimed that a wide spread of digital technologies enabling the creation of a retrospective visual picture of criminal events requires paying special attention to the specific features of researching visual information in court. It is necessary to focus not on the technical-criminalistic support of preserving such information, but on the development of tactical means and technologies that will allow us to analyze its influence on the results of evidentiary activities of the professional participants of the judiciary investigation of criminal cases. This encompasses the strategic and tactical basis of representing visual information as well as taking into account the correlation between the specifics of its perception and the passing of judgements that acquire the force of a judicial decision. The correlation between and the differentiation of visual perception and visuality are viewed as important. The result of investigating visual information is the reconstructed visual image of a crime. The latter will make it possible to predict the content of the final decision on a criminal case. However, it could also be characterized by inconsistency due to biased interpretations of visual information. As the sources of visual information are not common enough in criminal court proceedings in Russia, the issues of their presentation in court have not been properly studied and require a critical scientific analysis. The author supports the opinions of foreign colleagues who stress not only the evidently positive features of using visual sources as proof, but also the obviously negative ones, which challenge both the effectiveness and accuracy of the process of proof, and the reliability of visual information. The author argues for the following claim: visual information does reflect reality, it shapes it by creating not the «artifact of the past», but the «artifact of the present». Due to this, several key problems are singled out, which are connected with providing proof in criminal procee­dings through the demonstration of various sources of visual information.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974701","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":"Challenges and Threats to the Foundations of the Constitutional Order and the Russian Statehood: Political-Legal and Criminological Aspects","authors":"Sergey Boskholov","doi":"10.17150/2500-4255.2023.17(2).109-121","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).109-121","url":null,"abstract":"The author examines the contradictions, challenges and threats to Russia’s national security that can be found in the Constitution of the Russian Federation (the RF Constitution), specifically in Art. 9, 13 and 15 of Chapter 1 and Art. 17 and 20 of the RF Constitution, as well as other normative legal acts. The author’s understanding of the causes for their emergence at the stage of developing the RF Constitution’s draft is presented. It is proven that unless eliminated, these threats could only further escalate and turn into a serious factor that counteracts the future development of Russia as an autonomous, sovereign and independent state. The author presents a political-legal and criminological analysis of these challenges and threats from the standpoint of contemporary geopolitical situation and the tasks of ensuring national security. The criminal nature of American-style globalization is uncovered, which consists in preserving the US dominance in the global processes and transition from the strategy of containing Russia to the strategy of its total destruction. The idea of the necessity to balance the interests of the person, the society and the state is put forward. According to the author, the unlimited freedom of a person in its Western interpretation contradicts the civilization code of the multinational Russian people, and leads not only to the personal social degradation of an individual, but also the degradation of the society and the state, the loss of the social role of state and law. Based on the results of the conducted research, the author concludes that it is necessary to reconsider a number of established erroneous views and ideas concerning the issues under consideration, and to exclude the norms which contain challenges and threats to Russia’s national security from the RF Constitution by adopting a new RF Constitution, as it is the only possible way to eliminate them. To ensure social justice, it is suggested that the moratorium on the death penalty should be abolished, and changes be introduced in Part 2, Art. 20 of the RF Constitution. The author presents criminal law and criminological measures aimed at counteracting the threat to national security and statehood of the Russian Federation.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974703","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":"Will the Human Clone be Recognized as an Actor of a Crime and as Its Victim?","authors":"Alexei Kibalnik","doi":"10.17150/2500-4255.2023.17(2).164-171","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).164-171","url":null,"abstract":"Cloning of various biological units has long been a reality of our time. But, starting with «Dolly the Sheep» — the first officially presented cloned organism, society thought about the achievability of the «final» result of genetic engineering — the appearance of a human clone. In the political and scientific circles of many states, including Russia, lively discussions unfolded about how justified the appearance of a clone, an exact biological (genetic) copy of a living or a dead person, is. Naturally, first of all, the ethical issues of cloning were discussed. But over time, the discussions turned into a legal channel. At the international and national levels, the position on the inadmissibility of human cloning has prevailed — at least at present. Such inadmissibility is associated with inevitable negative risks and possible abuses: the idea most often voiced was that a clone, who does not have the legal status of an «original person», will simply become a source of biological material for the reconstruction of the original organism. As a result, in many countries, including Russia, laws prohibiting cloning were introduced. Some states criminalized this act. We can, of course, have different attitudes towards the legislative ban on human cloning. However, the author is confident that this ban will be overcome and a human clone will be created. And then we will face a new reality: what might the legal status of a human clone be? Can we accept a clone as a subject legally equal to a person born naturally? Based on the results of modern research in the field of genetic engineering and psychology, the author comes to the key conclusion that a human clone should be considered an independent personality on a par with the «original person». In turn, a human clone should be regarded as a possible subject of crime and a victim of crime (naturally, subject to all the conditions and requirements for ordinary people).","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974704","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 60th Birthday of Aleksandr Viktorovich Shesler","authors":"","doi":"10.17150/2500-4255.2023.17(2).107-108","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).107-108","url":null,"abstract":"","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974705","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}