Vol 12, No 4 (2019)

The review of the VIII International scientific and practical conference «Actual problems of criminal law, criminal procedure, criminology and criminal Executive law: theory and practice» held annually is offered. The conference program included a plenary session, as well as the work of breakout sessions: «Problems and prospects of development of criminal law»; «Criminological aspects of crime»; «criminal process: theory and practice»; «Criminal Executive law: problems and prospects». The conference was attended by teachers, legal scholars, practitioners, affecting in their speeches General theoretical and law enforcement issues in these areas. The review highlights the most interesting issues affecting the discussion issues.

Article contains results of the analysis of forms of expression of insult of the representative of authority. On the basis of a historical and comparative and legal methods the author analyzes insult forms in earlier existing Russian and modern foreign legislation. Studying of materials of court practice allowed to show the difficulties arising in practical activities at reference of this or that action to insult. The author suggests to classify types of insult of the representative of authority depending on an act expression form. In particular allocation verbal (oral, written, mixed), nonverbal (contact and contactless) and verbal and nonverbal insult is offered.

Drug addiction and drug crime are one of the pressing problems that have a significant negative impact on most social processes, from the issues of demography to the financial sphere. Of particular concern is the spread of drug abuse among minors, their involvement in the sale of drugs through the Internet. The purpose of the article is to analyze the problems of anesthesia of minors, especially their involvement in the criminal trafficking of drugs. The author proposes to reduce the age of criminal responsibility for crimes in this area, but concludes that a positive result cannot be achieved without a wide range of preventive measures.

The relevance of the article is due to a comprehensive study of the concepts and content of criminal law, criminological and forensic characteristics of the offender. The purpose of the article is to analyze the criminal-legal, criminological and criminalistic aspects of the characteristics of the offender as a whole, as well as to consider the problematic elements of some of them. The implementation of this goal is achieved by using the laws of dialectics, formal logic and the use of General scientific and private scientific research methods. The article uses a systematic approach to the study of the offender. Specific elements of this system are defined and investigated, in particular the personality as the subject of the crime, its criminal behavior, way of life, features of its social environment, connections and relations. The relationships of the studied characteristics in achieving their common goal are considered.

This article analyzes the institution of conditional conviction, which was proposed for introduction into the criminal law as an exceptional measure at the beginning of the last century, but began to be applied only in the Soviet legislation. The purpose of the article is to identify the positive and negative aspects of the law enforcement of this institution of law. As the main drawbacks of the use of the institution of conditional conviction, the author of the article refers to the overstated term of imprisonment specified for application in article 73 of the criminal code, the possibility of re-conditional conviction of already conditionally convicted, as well as other concessions and concessions to conditionally convicted for violations committed during the probation period. The author offers concrete measures for elimination of the revealed problems and return to conditional condemnation of the contents which was put by its founders.

The relevance of the chosen subject of the scientific article first of all is caused by the fact that the right to freedom of worship and freedom of worship belongs to personal human rights and the citizen and now is reflected in provisions and norms of a number of international treaties and also the domestic legislation. Besides, in the Criminal Code of the Russian Federation criminal protection of this right in Article 148 of the Criminal Code of the Russian Federation «Violation of the Right to Freedom of Worship and Religions» where during the research it is specified that this article of the criminal law provides protection only of freedom of worship, but not conscience is regulated. The shortcomings of Article 148 of the Criminal Code of the Russian Federation expressed in particular in technical and legal designing of Part 1 as there is no legislative definition of «insult of religious feelings of believers» that leads to problems of judicial practice are emphasized. Article purpose - to define features of technical and legal designing of similar norms in the pre-revolutionary criminal legislation of Russia as, starting with the Code of 1649 and on the Code of 1903, responsibility for insult of religious feelings of believers in modern understanding and illegal hindrance to a church service and commission of other religious actions was provided and also to study judicial practice on these norms of pre-revolutionary Russia. The attention also is paid to features of restriction of this right in criminal law both modern Russia, and pre-revolutionary. The author draws a conclusion that the pre-revolutionary criminal legislation specified in more detail in what the crimes interfaced to insult of religious feelings of believers and hindrance of carrying out religious actions were expressed, and at restriction of the right to freedom of worship the attention was focused on the circumstances which served to transition of the person from Christianity (Orthodoxy) in other religion or an heresy.

Computer information and computers are an integral part of human functioning in modern conditions. Virtual space is gradually integrated into all aspects of society and state. In this regard, criminal attacks in the virtual sphere pose a significant danger to society, which are called cybercrime. The prevention of this category of crimes is a very topical question for society and the state. If we talk about the modern measures to prevent crimes against computer information, we can divide them into two groups: legal, organizational and technical. The article analyzes the legal framework of the Russian Federation on the regulation of computer crime prevention. However, existing regulations are outdated. The organizational and technical measures of prevention are in the same condition. In this regard, the author in the article presents relevant measures to prevent crimes in the field of computer information.

The article is devoted to the study of the role and place of the institution of the presidency in the system of state authorities in the Russian Federation and in foreign countries. During the study, both general scientific and private scientific methods of cognition were used. Synthesis, induction, deduction, system analysis can be attributed to the general scientific methods that were used in the study. Of the private scientific methods of knowledge, formal legal, historical legal, system-structural, analytical, comparative legal methods were applied. The place and role of the institution of presidency in the current system of state authorities of the Russian Federation are established. Given a generalized definition of the concept of "president", investigated the stage of development of this institution in Russia. The place and role of the institution of the presidency in the system of state authorities of the French Republic, the United States of America, the Republic of Serbia, and the Republic of Belarus are revealed. The existence of specialized state bodies in various countries with a republican form of government, which are formed to create conditions for the head of state to exercise his constitutional authority, has been established. The absence of legal provisions in the Constitutions of various countries, according to which the President is the head of state, has been determined.

The Author studies the diversity of the concept of "bureaucracy" and its impact on public authorities. The transition of bureaucracy to bureaucracy has become a huge problem for the effective functioning of the Russian state. The author makes an attempt to study the ways of its distribution and proposes his own ways to combat bureaucracy in the state apparatus of Russia.

The principle of the rule of law is currently rather uncertain in the scientific and law enforcement spheres, which leads to an unjustified expansion of the rule of law criteria. The purpose of the study is to consider the evolution of the doctrines of legal understanding of the rule of law in the national constitutional and international law on the basis of comparative legal analysis of domestic constitutional and international legal practice. Objectives of the study: to analyze the narrow and broad understanding of the rule of law, to give a critical assessment of the unjustified expansion of the rule of law criteria, as well as to analyze the judicial practice of national and international justice on the example of the Constitutional Court of the Russian Federation and the ECHR. Conclusions: The authors proposes an approach to the definition of the rule of law through the doctrine of a narrow and broad understanding of this principle. Contradictory positions of the bodies of national constitutional and international justice on the example of the Constitutional Court of the Russian Federation and the ECHR are revealed. Originality/value: the article can be useful for scientists, jurists, judges, specialists and any specialist, which are interested in the problems of constitutional law.

This article analyzes the fundamental principles of civil defense activities. We study the postulates of legislation and ideas that are expressed in literature. Separately, the key aspects that are enshrined in the Constitution of the Russian Federation and are the main in the activities of the state to ensure civil defense are considered. Also reviewed and analyzed the principles that are enshrined in the Federal Law "On Civil Defense". According to the results of the analysis, proposed ways to improve the regulatory principles of consolidation.

Task. The author of the article has set himself the task of identifying the problems of ensuring the protection of women against whom violence has been committed. Model. To solve such a theoretical problem, it is necessary to investigate the main causes, specific signs and features of violence against women, taking into account their gender. Findings. The characteristics and specificity of violence against women are determined by certain factors, such as their belonging to a certain sex, to a certain age group, the influence of social and economic conditions that determine the conditions of their residence in the family, etc. The scope of the study. Limited to relations in the field of administrative, criminal law, sociology, philosophy and psychology of law. Practical value. Determining the specifics of violence against women depending on the assessment of individual factors will make it possible to develop effective mechanisms for protecting her rights and interests in practice. Social consequences. Identifying the specific signs of violence against women, identifying the characteristics of protection, the measures applied, taking into account certain personal criteria, such as age, gender, national, cultural characteristics, living conditions, and living conditions, together will eliminate the existing violations of women's rights. Originality, value. Studying the causes and prerequisites of violence against women will allow to formulate measures aimed at preventing and further preventing cases of violence against women, taking into account their individual characteristics. An analysis of the norms of the current legislation providing for provisions to protect women from incidents of violence will reveal the advantages and disadvantages of the relevant provisions in practice.

In connection with the increased participation of minors aged from 14 to 18 in civilian traffic, when they increasingly become consumers in the market for goods and services, the question arises about the volume of transaction capacity of these subjects. The legislator calls the consent of the parents (adopter, guardian ...) as a condition of the validity of the transaction made to minors aged 14 to 18 years. The article defines exactly how this consent should be expressed: by both parents or only one of them, the range of subjects who can challenge a transaction concluded without parental consent, no need for parents to consent to every transaction made by a minor registered as an entrepreneur and doing business. An analysis of judicial practice in cases of invalidating transactions made by minors aged 14 to 18 years without parental consent is given.

The article is devoted to the study of historical aspects and the general characteristics of e-commerce. The author draws attention to the problematic issues of the current legislation in the field of e-commerce. As part of the study, an expert survey was conducted using a questionnaire method, the results of which are given by the author to provide conclusions and suggestions aimed at improving the level of the studied area in the context of the sustainable development of the Russian Federation. The relevance of this work is manifested in understanding the needs of modern society in the current digital services.

Objective: on the basis of the scientific and comparative legal analysis of the most effective legal means at the present stage of development of the institution of insolvency, propose a change in the concept of the Federal Law “On Insolvency (Bankruptcy). The conclusions of the author are based on the works of such civil law researchers from Germany as Breuer. K. Schmidt, Verhoeven. Model: rules of the Federal Law "On Insolvency (Bankruptcy)" in most need of changing are identified. Conclusions: it was formulated that the enterprise group should be settled as a debtor in the insolvency proceedings, as was done in Germany during the reform, the concept and characteristics of the enterprise group on German law were given, the material and formal concentration of insolvency procedures were identified. The relevance of subordinating the claim of the founders (participants) of legal entities that have granted loans to it is indicated. It has been established that the efficiency of the insolvency proceedings depends on the application of financial rehabilitation measures, which predetermines the analysis of the legal means used in the reorganization of legal entities and its enterprises, an assessment is made of the legal remediation tools used by enterprises in Germany. The possibility of subsequent use of the study: the results of the study can be used to study the status of the debtor participating in the insolvency proceedings and its creditors, the legal means used for the purposes of the transmittable rehabilitation, as well as during developing the concept of the Federal Law "On Insolvency (Bankruptcy)" Practical value: this paper can be used to study the problems of insolvency. Social consequences: elimination of the imperfections of the legal rules applied in case of insolvency, insolvency of the debtor, achieving a balance of interests of the participants of the insolvency proceedings. Originality / value: this article details the first evaluation of the concept of Insolvenzordnung and the Federal Law "On Insolvency (Bankruptcy)".

This article is a continuation of the series of articles on missile defense the draft of the new Criminal code developed by the author on the basis of given by us "Encyclopedia of criminal law" in 36 volumes, in writing which is attended by more than 300 scientists from Russia and other countries, and the author studies more than 70 foreign codes. Project concept new the code and the first five chapters were published in issues 4,5,6 for 2017 year and 1,2,3 for 2018 of the journal "Library of criminal law and criminologii", the sixth Chapter - in the 2nd room, the seventh - in the 3rd and 4th rooms for 2018 year, the eighth Chapter - in the 1st and 2nd issues for 2019 "Journal of law and economic study". This article is devoted to the ninth Chapter Draft new criminal code. It examines the issues nazna criminal penalties, including new ones.

The article updates and defines the phenomenon of the «justification of evil», which is reflected in social practice, the activities of the state and, in particular, some traditional religious teachings. The manifestation of this phenomenon is multidimensional. The article gives his criminal and criminological characteristics. The first of these will consist in the reflection of this phenomenon in the provisions of the Criminal Code of the Russian Federation, which are given in the work, and the second in the manifestation of this phenomenon in the justification of criminal acts by the subjects of their commission. The author concludes that the phenomenon of «justifying evil», which is reflected in Russian criminal law, is a rather serious criminological problem for our country because it has very dangerous consequences in the form of cultivating criminal activity of members of society, preserving the level of crime (especially juvenile crime) at a high enough level. In addition, it contributes to the regress of the cultural and moral development of citizens, a return to the primitive mechanisms of regulation on social problems and contradictions. That is why it is necessary to develop adequate measures to prevent the development of the phenomenon in question in Russian society and reduce its support from the state.

The article discusses the impact on the criminal law policy of the dissemination of cases of using information technologies in the commission of various crimes, suggests measures to take this circumstance into account when committing Russian criminal legislation.

Modern distribution of corruption in Russia is caused by the fact that corruption has deep social roots that contributes to the continuous development of this phenomenon in parallel with the developed relations in the country. The reasons generating emergence of corruption manifestations in society are considered by the author and also need of improvement of the criminal precepts of law providing responsibility for corruption crimes is noted.

The article deals with the correlation of the legal content of the provisions of tax, administrative and criminal law establishing institute of responsibility for tax violations. Their provisions, while meeting the paradigm and internal logic of their area of law, when interacting with the provisions of other branches involved in the formation of this institution, do not form an efficient mechanism, adequate to the public danger and prevalence of tax violations, which would ensure compliance with the principles of certainty of punishment, equality before the law and court, justice. In particular, blanket criminal law prohibitions and the legal and technical methods used in their formation, in connection with the provisions of tax laws, allow for the penetration into criminal proceedings of additional grounds which are not typical of criminal law and which exclude criminal liability. At the same time, the temporal effects of criminal law are interrupted, obstacles arise which hinder the application of criminal concepts developed in the theory of criminal law, the basic principles of legal liability are violated. In this regard, the necessity of amendments to criminal and tax laws is justified.

The article deals with topical issues of improving the efficiency of the Russian legislation on liability for making a knowingly unjust court decision. The author notes that the study of the features of the regulation of criminal liability for making obviously unjust court decision on the Russian and foreign legislation, as well as the study of judicial practice of our country allows us to draw a conclusion of possible directions of improvement of the current Russian criminal legislation, which, it seems, will improve the effectiveness of criminal In the article the author formulates appropriate proposals. The purpose of the article: This work aims to study the problem of improving the efficiency of the Russian legislation on liability for making knowingly unjust judgment. the author develops and substantiates proposals to eliminate the problems he sees in the current legislation by introducing new norms in the criminal code, many of which are controversial and call for discussion in the scientific community. Methodology and methods: the article uses the comparative legal method of research, as well as the method of interpretation of legal norms, which allow to better understand the institutions of criminal law and to determine the main directions of their development. Conclusions: the problem of imperfections in the current legislation is relevant for the study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The doctrine also notes the need to respect the principle of justice in order to achieve the objectives of the criminal law. Scope of application of the results: this article may be of interest to students of higher educational institutions: bachelors, masters, graduate students studying this area of criminal law, as well as this material may be of interest to teachers of law schools, can be used as a guide for the preparation of practical and seminar classes.

The purpose of this study is to analyze the main aspects of the institute of termination of a criminal case as a form of its resolution, denoting certain concepts as «criminal case» and «termination of a criminal case», to pay attention to the need to take them into account when analyzing the construction of «termination of a criminal case» and formulating the latter. Analysis of the empirical base, theoretical views allowed the author to identify the problematic issues of existing approaches to the study of the essence of this procedural institute and its formulation in the science of criminal procedure.

The article analyzes the main problematic aspects of the definition of the essence of the judicial penalty as measures of criminal-legal character, the author's definition of the concept. Some features of the termination of the criminal case with the appointment of a court fine are considered; the key features of this procedural decision are determined; the conditions that are mandatory for the implementation of this legislative novel are formulated; the problems that arise for law enforcement officers in the appointment of a court fine are analyzed.

The Main content of the study is devoted to the comparative analysis of the provisions of the criminal procedure code of the Russian Federation and Turkmenistan on cassation proceedings. The questions of the procedure of appeal and bringing of submission to the court of cassation instance of the Russian Federation and Turkmenistan, the subjects of cassation appeal of the sentence in Russia and Turkmenistan, the subjects of revision of decisions in Russia and Turkmenistan, the timing of filing a cassation appeal or submission to the court of cassation in Russia and Turkmenistan. Terms of consideration of the complaint and representation in court of cassation instance of the Russian Federation and Turkmenistan, and also powers of court of cassation instance in the Russian Federation and Turkmenistan are in detail investigated.

Purposes and tasks. The purpose of the present article is consideration of an entity, legal regulation, a role and value of information and analytical activity of bodies of prosecutor's office in the Russian Federation in modern conditions and also identification of the spaces and problems existing in the field and the directions of their solution. Conclusions and results. As the main problem there is noted a lack of methodological unity and harmonization of the actions planned on federal, regional and other levels, adequacy of the choice, synchronization of use of the corresponding methodical tools for development, implementation, assessment of efficiency of information and analytical activity. There is proved the need of fixing at the legislative federal level of a concept and the procedure of implementation of information and analytical activity for the purpose of ensuring its unification in territorial subjects of the federation. Opportunities of ensuring openness of information and analytical activity on the basis of state automated system GAS PS are offered. The expediency of application of evolutionary approach in upgrade of information and analytical activity in modern conditions on the example of a number of the selected problems in territorial subjects of the federation is reasoned. Methodology. In the article there are used a general theoretical (the analysis and synthesis) method and specialized methods of a research, including system, evolutionary methods, the structural and problem analysis. Practical value. Results of a research can be used for improvement of processes of the organization, methodical ensuring information and analytical activity of bodies of prosecutor's office regarding specification of a terms framework, upgrade of bases of activity of interdepartmental groups and also unification of an order of preparation of different information and analytical sources. Originality and scientific novelty. Article is of methodical and practical interest to employees of bodies of prosecutor's office, including specialists in information and analytical area, the scientists and practicians who are engaged in development of a problem of improvement of information and analytical activity in the field of public prosecutor's supervision. The novelty of a research consists in justification of application of an evolutionary method of upgrade of information and analytical activity, use of capacity of territorial subjects of the federation for improvement of the studied processes, the sentence of a number of modern approaches and means of increase in efficiency of information and analytical activity (inversion, the expert analysis and consultations, technologies of business intelligence, etc.).

Task. In this article the special attention is paid to a problem of legal regulation of databases, which are formed and used in the sphere of state and municipal management in modern conditions of modernisation of information society and development of digital economy. In an electronic state the databases containing large amounts of information in a digital form, become one of the key asset of the public authorities and it confirms the feasibility of singling out such databases as a separate type and establishing a special legal regime for them. The need to ensure the unity of legal regulation of social relations in the area of state and municipal databases defines scientific interest in the resolution of this question and its practical significance. The novelty of the research is that for the first time at the level of scientific publication, the author conducted a comprehensive analysis of the prospects for improving legal regulation of social relations arising from the formation and using of state and municipal databases and also are formulated separate conceptual provisions of legislative consolidation of legal regime of public databases. Originality (integrity). In the article it is proved the feasibility of introducing the term "state and municipal (public) database"into legal turnover in order to form a single legal regime of a database in a sphere of a state and municipal management. Practical importance. The summary and the recommendation which are formed by the author can be used in a lawmaking activity of public authorities and local self-government, which are aimed at improving efficiency of legal regulation in the sphere of social relationships and also in the formation of state information policy of the Russian Federation.

In the present article the author considers those provisions of the book of the Old Testament number of the Moses Pentateuch, aimed at streamlining the religious and legal order of the administrative process in the ancient Israeli state, their projection on the sources of modern Russian administrative law and process. It is obvious that in this text, in contrast to the first three books of the Moses Pentateuch, there is a process of division of legislation not only into independent industries, but also sub-sectors. In this regard, the book begins to clearly trace the primary installation of administrative and procedural rules, which are the key norms put at the forefront of the processes that help to implement the order of the state system and administrative management, entirely aimed at maintaining unity, integrity, independence in the country, the development of spirituality and socio-economic needs. Such a division occurs at the will of the leadership of the state - the Lord, but their provision must be accompanied by certain categories of citizens who are given the appropriate authority to do so. When the will of the leadership and the desire of the citizens coincide, it is this symbiosis that gives a positive and effective process of creating a comprehensive and versatile administrative procedural legislation.