Vol 17, No 2 (2021)

Cover Page

Full Issue

Topical issues of the implementation of criminal law and criminological measures to reaction crime

Conflict between decision-making subjects that arises during the investigation of careless crimes committed by medical staff

Igonina E.O.

Abstract

The diversity of the interpretation of the cause-and-effect relationship by various subjects of law enforcement activity leads to the birth of an absolutely newthing in itself – a new process. Then the causal relationship, being a derived category, acquires a new meaning and a new essence, which leads to its modification, contradictions in judicial practice and conflicts between decision-making subjects.

Yugra State University Bulletin. 2021;17(2):9-14
pages 9-14 views

Differentiation of criminal liability depending on the signs of the subject of the composition of a transport crime

Lapshin V.F.

Abstract

Subject of research: signs of the subject of the offenses under Art. 264 and 2641 of the Criminal Code of Russia (hereinafter – the Criminal Code).

Purpose of the study: formulation of proposals on the content of the category "subject of traffic crimes", depending on which a qualitative differentiation of responsibility for crimes involving the use of motor vehicles is ensured.

List of methods and objects of research. To obtain the results of the research, the methods of cognition used in the humanities (legal) sciences were used. The method of content analysis was used in the study of the content of Art. 264, 2641, 109 and 118 of the Criminal Code, as well as Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25. The dialectical method was used in the study of opinions on the qualification of some transport crimes. Logical and systemic-structural methods were applied in the study of the typical degree of social danger of the criminal's personality.

Conclusions based on the results of the study: 1) the subject of the offenses under Art. 264 and 2641 CC is special. It is determined on the basis of the existence of an official right to drive a vehicle and the corresponding obligation to comply with the relevant safety rules; 2) the instructor possesses the characteristics of a subject of corpus delicti of transport crimes in cases when he had a real opportunity to drive a training vehicle and (or) exercised direct control of it together with the student.

Yugra State University Bulletin. 2021;17(2):15-22
pages 15-22 views

The essence of the object of criminal law protection the structures of dopping crimes

Titlova D.V.

Abstract

The subject of the scientific research is social relations, arising in the process of preparation and participation of the athlete in competitions at the international, Russian and regional levels. The purpose of the research identify the limits of criminal legal protection of social relations in the sphere of sports, related to the consumption of medical products of stimulating and other effects on the human body.

Methods and objects of research. The presented work uses general scientific and private scientific methods of cognition, the main of which is: dialectical, formal logical, analysis, synthesis, system-structuraland etс.

The object of the research is represented by a complex of relations in the field of sports, the peculiarities of establishing prohibition on the consumption of doping drugs, as well as criminal liability for its violation.

The results and conclusions of the research are boils down to the need for systematization and meaningful correction of criminal law norms on liability for declination of the victim to consume drugs that have a stimulating and other effect, and using these drugs against or besides the will of the athlete-victim.

Yugra State University Bulletin. 2021;17(2):23-30
pages 23-30 views

Criminological problems of countering the distribution of criminal subculture in youth environment

Kharmaev Y.V., Latypova K.S., Saranova Y.А.

Abstract

The subject of this research is the criminal subculture, as one of the main elements of modern destructive trends in the youth environment. The authors emphasizes that this phenomenon has been the focus of attention of researchers in various fields of knowledge at different times and has been actively studied not only by domestic scientists. The purpose of this article is to analyze the main modern trends in the spread of the criminal subculture in society, in particular among the youth. The scientific novelty of the work lies in the study of the characteristics of the criminal subculture in modern conditions of information dissemination through social networks, the Internet and other scientific achievements. The practical significance of the article is to familiarize the subjects of prevention of new knowledge in the course of activities to counter the spread of the negative influence of the criminal subculture in society. The study used a dialectical approach in the analysis of the above phenomena, which predetermined a set of scientific methods of cognition: comparative, systemic, historical and legal, documentary, sociological, etс.

Yugra State University Bulletin. 2021;17(2):31-36
pages 31-36 views

Penalties for economic crimes in the criminal laws of the UK and the USA

Yakubenko A.K.

Abstract

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

Yugra State University Bulletin. 2021;17(2):37-43
pages 37-43 views

The doctrinal basis of the fight against crime

Crimes infringing on the electoral rights of citizens: the definition and classification

Kamalov R.N.

Abstract

The article considers the definition of the concept and classification of crimes that infringe on the electoral rights of citizens, taking into account their distinctive features.

Yugra State University Bulletin. 2021;17(2):47-51
pages 47-51 views

Understanding of administrative prejudice in criminal law (legislation): main doctrinal approaches

Mamhyagov Z.Z.

Abstract

A consistent increase in the number of criminal-law norms with administrative prejudice requires an adequate doctrinal understanding of this legal phenomenon. This circumstance becomes relevant due to the lack of a legal definition of an administrative prejudice. The author comes to the conclusion that there are four main conceptual approaches in understanding the administrative prejudice in criminal law (legislation): formal-legal, socio-legal, intersectional and criminological. The article notes that none of these concepts can be considered as dominant.

Yugra State University Bulletin. 2021;17(2):52-56
pages 52-56 views

«Connection» in the criminal law: issues of understanding and application

Menshikova A.G., Potorochina E.O.

Abstract

The authors in the article touch upon the issue of a uniform understanding of the terminological apparatus, in particular, the sign of «conjugation» used in the construction of criminal law norms. On the basis of the analysis of the norms of the criminal law, groups of crimes are distinguished in which the legislator uses the investigated feature, depending on its functional purpose. The study pays special attention to the issues of understanding the «conjugation» in the construction of a single complex crime, where, with its help, the legislator discloses and emphasizes the connection between a socially dangerous act and a mandatory sign of the objective side of a crime. Based on the results of the analysis of law enforcement practice, as well as the doctrine of criminal law, the authors come to the conclusion that the term «conjugate» is synonymous with the phrase «perfect with application». In this connection, it is proposed in the criminal law in the constructions of single complex crimes to replace the use by the legislator of the sign «conjugation» with the synonymous phrase «committed with application».

Yugra State University Bulletin. 2021;17(2):57-63
pages 57-63 views

Modernization of criminal law in the context of optimization of law methodology

Etrospective analysis of criminal-legal and criminological measures to ensure environmental safety the problem of high latency of environmental crime and solutions in the context of digitalization

Kvitko A.V.

Abstract

In the present article, the author conducts a retrospective analysis of criminal law and criminological (preventive) state measures to ensure environmental safety and the conservation of natural resources. In the article, the author demonstrates the modification of criminal legislation aimed at preserving the main components of the natural environment, which depends on the development of society and its economic activities. In addition, the subject of the article is the designation of the relevance of the conservation of natural resources at all times, including the deterrence of illegal actions with the use of criminal and criminological measures. The purpose of the article is to indicate by the author a fairly high latency of environmental crime in Russia. Statistical indicators of the studied category of crime and the ongoing socio-economic processes in society question its real state.

In this regard, the author of the article identifies a number of problematic factors that affect the provision of environmental safety by measures of criminal law and criminological influence. At the same time, in order to reduce the latency of environmental crime, the author proposes a number of measures of a state and managerial nature, including the use of modern digital technologies, resources and surveillance systems.

Yugra State University Bulletin. 2021;17(2):67-77
pages 67-77 views

Structural organization criminal law regulations of chapter 22 of the criminal code of the Russian Federation from the standpoint of legislative textology

Sitnikova A.I.

Abstract

The article attempts to identify and provide solutions to a number of problems related to the design features of the criminal law prescriptions of Chapter 22 of the criminal code of the Russian Federation. The methodological basis of this scientific publication is the dialectical method of cognition, taken in unity with instrumental research methods. As a result of the study, the author came to the conclusion that in the text of Chapter 22 of the criminal code of the Russian Federation, it is possible to distinguish structural units, which include the headings of articles, descriptive and thematic elements of criminal law regulations, their compositional and graphic features and notes to articles.

Yugra State University Bulletin. 2021;17(2):78-83
pages 78-83 views

On the development of the theoretical criminal law research school of the institute of legislation and comparative law under the government of the russian federation

Stepanov O.A.

Abstract

The aim of the study is to examine the results of the activities of scientists representing the theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation since its establishment in 1923 up to the present time. Particular attention is paid to the scientific activity of M. N. Gernet related to his research in the field of criminology and prison science and the results of the work of his followers.

In the conclusion we present the periodization of the history of development of theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

Yugra State University Bulletin. 2021;17(2):84-89
pages 84-89 views

Criminal law policy in the field of combating crime

Current issues of the implementation of a criminal penalty

Avdeeva E.V.

Abstract

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established.

The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict.

The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment.

The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors.

Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

Yugra State University Bulletin. 2021;17(2):93-100
pages 93-100 views

On the problems of application of customary law in the criminal prosecution of persons of small indigenous peoples of the north

Akinina N.Y., Anisimov V.F., Galkin V.T.

Abstract

The subject of the study is the problems of application of the norms of criminal law stipulating responsibility for environmental crimes against representatives of persons of small indigenous minorities of the North, the essence of which is the conflict between the positive law and the customary law of these peoples. The purpose of the study is to analyze the causes of this conflict, as well as to substantiate the necessity of applying the norms of customary law of indigenous peoples of the North in their criminal prosecution for environmental crimes.

As a result of the study, the assumption is made that knowledge of the norms of customary law by law enforcement officials will allow to relieve social tension between the indigenous peoples of the North and the law enforcement agencies. That is why it is necessary to begin work on the formation of a code of customary law, as well as recommendations for its application, which could become a document to be used as a recommendation for law enforcement bodies in their decision-making.

Yugra State University Bulletin. 2021;17(2):101-105
pages 101-105 views

Establishing motives as a condition for developing measures to prevent domestic violence

Dumanskaya E.I.

Abstract

Motive's researching as a condition for improving the quality of domestic violence prevention

The article is devoted to the analysis of the motivation and motives of crimes related to domestic violence. The author presents his assumptions about the factors of domestic violence in order to improve the qualityofprevention. There was an attempt to approach the causes of domestic violence from the standpoint of the influence of unconscious factors because this behavior has a stable systemic and cyclical character and the roles of the «abuser»-«victim» are changing.

Yugra State University Bulletin. 2021;17(2):106-111
pages 106-111 views

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