Vol 2, No 4 (2023)
Criminal law
Problems of Determining the Signs of Extremist Crimes and Crimes with Signs of Extremist Activity
Abstract
The purpose of the study is to update the problem of the participation of mercenaries in extremist activities, the main importance in the resolution of which is given to criminal law counteraction. The theoretical significance of the study of this topic is determined by the ability to develop scientific concepts, approaches and methodologies for analyzing and combating the consolidation of the presented socially dangerous phenomena, which also contributes to deepening knowledge about the mechanisms of their functioning. The conclusions and recommendations obtained as a result of the study will form the conceptual foundations of state policy in the field of countering extremism and terrorism, while taking into account the specifics of the use of “illegal recruitment” in the specified criminal activity. Among other things, factors have been identified that can become prerequisites for improving countering mercenarism, modernizing the prevention of such phenomena, as well as promoting intercultural dialogue and tolerance in society.
Extremist Assault on a Person: A Promising Model of Criminal Law Counteraction
Abstract
The purpose of the study is to develop and argue a new legal and technical model for protecting the life and health of an individual from encroachments based on motives of hatred or enmity. The theoretical significance of the study is seen in the demonstration of a scientific hypothesis about the expediency of establishing responsibility for an extremist attack on a person under chapter 29 of the Criminal Code of the Russian Federation. The presented conclusions and arguments will allow overestimating the importance of objects of criminal law protection in the field of ensuring the foundations of the constitutional order and state security.
Mediation in Bribery: Features of the Legal Assessment of Qualifying and Especially Qualifying Features
Abstract
As part of the ongoing study, the goal was set to study the features of the legal assessment of qualifying and especially qualifying signs of mediation in bribery. The theoretical significance of the study is seen in the study of the achievements of the doctrine and judicial and investigative practice in the area of legal knowledge under study, on the basis of which conflicts that require legal and technical settlement are dismantled. The results obtained can contribute to the improvement of the criminal course in the field of combating corruption crimes.
Theory and history law
The Regulation “On the Management of Spiritual Affairs of Armenians of the Armenian-Gregorian Confession in the Russian Empire”, dated March 11, 1836
Abstract
In his article by thorough studying of the spiritual and legal essence, and specific provisions of one of the well-known historical sources of the Russian and Armenian legal consciousness and legislation, describes the reasons and conditions for drafting of this state-legal normative act “The Regulation ‘On the Management of Spiritual Affairs of Armenians of the Armenian-Gregorian Confession in the Russian Empire’, dated March 11, 1836”, as well as the main goals and processes of its successful applications in the former Russian Empire.
Articles
The Court as a Special Subject of Protection of Electoral Rights (Based on the Materials of the Republic of Kazakhstan)
Abstract
In the presented article, the author draws attention to the content and significance of the general social and special criminological prevention of crimes against electoral rights, carries out their correlation, explores the preventive role of the court in the field of electoral rights, examines the regulatory legal acts of the Republic of Kazakhstan regulating the procedure for elections, identifies errors and imperfections of electoral legislation that prevent the exercise of the electoral right of a citizen.
On the Issue of Criminal Liability for Non-compliance Transport Security Requirements, Committed by a Group of Persons by Prior Agreement or Organized Group
Abstract
The article is devoted to the study of problematic issues of criminal law in the field of crimes related to traffic safety and transport operation, during which legal and technical errors were identified in determining the qualifying signs of Art. 2631 of the Criminal Code of the Russian Federation and proposals for their elimination were formulated.
Regime in Correction Colonies for Convented Women
Abstract
The purpose of the article is defined as the formation of a comprehensive knowledge about the regime in correctional institutions for convicted women. To achieve the goal, the author analyzed the doctrinal and legislative approaches to determining the regime in correctional institutions and developed a scheme that reflects the content of the regime. The article discusses the specifics of the regime in correctional colonies for convicted women, as well as information about the violation of the established rules for serving imprisonment by convicted women. Conclusions. The study made it possible to form a comprehensive understanding of the regime as the main means of correcting convicted women. The results obtained lay the foundation for further theoretical and applied study of the regime in correctional colonies for convicted women, identifying problematic aspects and introducing evidence-based proposals into the practical activities of such institutions.
On the Formalization of the Evaluative Concept of “Damage” in the Russian Criminal Legislation
Abstract
In the proposed article, using numerous doctrinal sources from various sides, the question of the essence of the concept of “damage” in crimes in the field of economic activity, its impact on the law enforcement process is considered and a possible variant of its formalization in criminal legislation is proposed.
On the Question of the Concept of Medical Crimes
Abstract
The purpose of the study. The article actualizes the problem of the lack of a unified approach to the concept of medical crimes, which both in legal practice and humanitarian doctrine has various terminological tools. This circumstance determines not only incorrect law enforcement, but also negatively affects medicine as a field of professional activity. Conclusions. As a result of the conducted research, the author comes to the conclusion that when establishing a list of signs that will serve to determine crimes of a medical nature, an unjustified emphasis on the object of criminal encroachment should be avoided, since it would be incorrect to define it by the interests of medical activity in the context of the established positivist doctrine of law. At the same time, the distinctive features of the studied group of illegal acts are indicated, taking into account which the author’s definition of medical crimes is proposed.
Criminal Procedural Features of the Appointment of a Fair Punishment in Court with the Participation of Jurors
Abstract
The article considers the criminal procedural features of sentencing in a court with the participation of jurors, taking into account the possibility of jurors to influence the content of the sentence and the size of the punishment imposed.