Vol 14, No 2 (2018)

Articles
Criminal-legal policy of the Russian Federation in the sphere of counteraction to crime in the conditions of globalization
Avdeev V.A., Avdeeva O.A.
Abstract

The subject of the study is the mechanism for counteracting crime in the Russian Federation, taking into account the criminal legal policy implemented in the context of the globalization of in­ternational life. The purpose of the study is to study the effectiveness of modern criminal law policy, the methodological basis of which is to analyze the ongoing novelization of the criminal law and its effectiveness based on the state of crime at the federal and regional levels.

The main results of the research reflect the problems of implementing criminal and legal poli­cies in the sphere of combating crime at the federal and regional levels. Conclusions are drawn re-

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garding the priority areas of the criminal legal policy related to the balance of criminalization (de­criminalization) and penalization (depenalization).

The scientific and practical validity of law-making processes was noted as an urgent problem. The problems of the implementation of the criminal law in the context of the accelerating rates of recidivism are discussed. They actualize the practical-orientational re-socialization and social ad­aptation of persons who have served a criminal sentence, improve the quality of the activities of in­stitutions executing criminal punishment, and strengthen control by state authorities, self-governing bodies and civil society institutions.

Yugra State University Bulletin. 2018;14(2):9-17
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Feasibility and objectives in the Russian criminal law
Kruglikov L.L.
Abstract

Criminal law regulation presupposes the achievement of certain socially useful results. These results in the criminal law are differentiated into two groups: the tasks of criminal law and the objectives of criminal punishment. At the same time, the basis for building the system of these results lies in a category that undoubtedly claims to be an independent legal principle – expediency in lawmaking and law enforcement activities. The presented work is devoted to the analysis of the content of the categories of «tasks», «goals» and «expediency» in criminal law and the specifics of their use as grounds for modern criminal policy.

Yugra State University Bulletin. 2018;14(2):18-23
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Criminal policy of Russia in the sphere of combating illegal drug trafficking (from the 70's to the present day)
Sumachev A.V.
Abstract

The article describes the formation and development of the institution of criminal liability for crimes related to drug trafficking in the domestic criminal legislation. Based on the analysis of changes in the criminal law in the regulation of social relations in the field of drug trafficking, an attempt is made to trace the process of formation of a modern criminal law concept of combating their illegal trafficking.

Yugra State University Bulletin. 2018;14(2):24-30
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Peculiarities of establishing responsibility for financial crimes in selected countries of the euro-asian region
Lapshin V.F.
Abstract

At present, the reform of domestic criminal legislation is being carried out with a view to mitigating responsibility for certain crimes that do not involve causing physical or property harm to a citizen. The most attractive in this part are the criminal-legal prohibitions in the sphere of economic activity. But the public danger of certain economic (financial) crimes, which harm the state interests, even in the current criminal legislation of Russia can be recognized as undervalued. Therefore, the implementation of a policy of mitigating criminal responsibility requires extreme selectivity, so as not to deprive the criminal-legal protection of really meaningful economic relations.

To do this, it is necessary to study the experience of criminal legal protection of financial relations, which already exists in the economically developed countries of the Euro-Asian region. The results of their development testify to the successful solution of the problem of finding a balance between the necessary criminalization of socially harmful economic behavior and ensuring the proper protection of the financial interests of society and the state. Certain mechanisms for protecting financial interests can be considered as a matter of reception in the Russian criminal law.

Yugra State University Bulletin. 2018;14(2):33-42
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Resistance corruption in Kenya
Truntsevsky Y.V.
Abstract

To consolidate the efforts of society and the state, to implement the National anti – corruption plan for 2018–2020 in our country, the experience of foreign countries in the field of anti-corruption is of interest. The Republic of Kenya has legislative and institutional examples. The results of the study showed that this African country has a stable anti-corruption regulatory framework, the presence of a successfully functioning anti-corruption body, the desire of the country's leadership to improve all institutions of state power in order to continue to reduce corruption in the country. However, a survey of the population of Kenya showed a number of unresolved problems in the area under consideration. This requires further reflection and development of measures to improve the effectiveness of the state anti-corruption policy. This is especially required in education and public administration. In Kenya, it is planned to strengthen interagency cooperation on exchange of information; to revise anti-corruption legislation to strengthen the penalties; to create a special anti-corruption courts, which will accelerate the decision of questions of fight against corruption and unethical behavior.

Yugra State University Bulletin. 2018;14(2):43-53
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Problems of criminal responsibility for willful abandonment of unit or place of service
Azizov J.H., Abbasova F.M.
Abstract

The Willful Abandonment of Unit or Place of Service, namely questions of responsibility and punishment for this crime, has always been relevant in the criminal law of the Republic of Azerbaijan. The author points out that although the prevalence of the willful abandonment of unit or place of service has now decreased by several times in previous years, law enforcement and judicial bodies are still paying close attention to prevention and responsibility for this crime. The article contains historical-legal and criminal-legal analysis of the composition of the crime under consideration, disputed qualification moments and problems of differentiation of criminal responsibility in the current legislation of the Republic of Azerbaijan are considered. The author comes to the conclusion that there is a need for partial decriminalization of the crime in question.

Yugra State University Bulletin. 2018;14(2):57-63
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Some trends in the decriminalization of acts in the sphere of economic activity
Kuleshov Y.I., Bykov A.V.
Abstract

The authors critically assess the emerging legislative practice of novelization of the Criminal Code of the Russian Federation. The paper establishes an avalanche-like process of introducing new crimes into the criminal law, often duplicating existing ones. Considering this phenomenon using the example of acts committed in the sphere of economic activity, a number of conclusions are formulated in the article on the basis of a comprehensive analysis of draft laws and adopted laws. The author argues about the tendency to introduce administrative prejudice into the criminal law, criticizes the criminalization of acts that clearly do not differ from the increased public danger from administrative and other offenses, formulates a conclusion about the advisability of decriminalizing certain types of crimes. In particular, according to the authors, it is necessary to change the design of Article 238 of the Criminal Code of the Russian Federation, excluding the formal composition of the crime.

Yugra State University Bulletin. 2018;14(2):64-70
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Some trends in the decriminalization of acts in the sphere of economic activity
Kim Y.P.
Abstract

The authors critically assess the emerging legislative practice of novelization of the Criminal Code of the Russian Federation. The paper establishes an avalanche-like process of introducing new crimes into the criminal law, often duplicating existing ones. Considering this phenomenon using the example of acts committed in the sphere of economic activity, a number of conclusions are formulated in the article on the basis of a comprehensive analysis of draft laws and adopted laws. The author argues about the tendency to introduce administrative prejudice into the criminal law, criticizes the criminalization of acts that clearly do not differ from the increased public danger from administrative and other offenses, formulates a conclusion about the advisability of decriminalizing certain types of crimes. In particular, according to the authors, it is necessary to change the design of Article 238 of the Criminal Code of the Russian Federation, excluding the formal composition of the crime.

Yugra State University Bulletin. 2018;14(2):73-78
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To the question of the crime of minors in Russia and Mongolia
Kharmaev Y.V., Batchuluun I.
Abstract

In the present article, the authors of the research determine the current trends of juvenile delinquency in Mongolia. This problem is relevant due to the fact that, since the entry into force of the new Criminal Code of Mongolia, a year has passed with little and it is always interesting to observe how the situation with juvenile delinquency changed objectively after legal changes in the national legislation. In order to identify certain changes in the state of crime in Mongolia, the authors used both general scientific and special methods, including comparative legal, systemic, documentary, etc. In the course of studying and analyzing statistical data, materials of the criminal cases of the National Police Agency of Mongolia, as well as legal literature of recent years, a number of positive as well as a number of negative trends in the juvenile delinquency in Mongolia have been identified. In general, it can be stated that the strategic directions defined by Mongolia's national criminal policy related to the humanistic approach to the younger generation of the country are fully justified, as shown by the statistical data and the operational situation in recent years in the country.

Yugra State University Bulletin. 2018;14(2):79-84
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Directions of development of cooperation сriminal-executive system and traditional confessions when performing punishments related to isolation from the company
Skiba A.P.
Abstract

The subject of the study is studying the interaction between the penitentiary system (MIS) and traditional confessions in the execution of sentences related to the isolation of the convict from society.

The purpose of the study is to study the religious influence exerted by clergymen representing traditional confessions (the Russian Orthodox Church, etc.) as an integral part of the social impact, which, according to Art. 9 PEC of the RF refers to one of the main means of correcting convicts.

The main results of the research, proceeding from the provisions of the penal enforcement legislation, reflect the directions for regulating the exercise of the right of convicts in penal institutions to freedom of conscience and freedom of religion associated with the establishment of restrictions on its implementation by convicts; inviting clergymen to the convicts, their communication and ensuring security in this communication; organization of religious ceremonies and ceremonies; development of the legal framework for the interaction of MIS and traditional confessions by concluding relevant agreements.

Yugra State University Bulletin. 2018;14(2):87-91
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On the question of the problems of leaving penalties in the colonies of the threshold regime
Suliev V.F., Dashinimayev A.B.
Abstract

The authors of the article in the course of the research, as their subject, determine contemporary problems existing in the penitentiary policy of the Russian state, in particular in the course of execution of criminal penalties in correctional facilities of strict regime. The relevance of the topic chosen by the authors is due to increased attention on the part of not only human rights defenders, but also representatives of the public, especially in connection with the latest violations of the rule of law in the penitentiary system of the Russian Federation. In order to achieve the objectives, the authors use statistical, comparative and documentary research methods.

In connection with the fact that one of the authors is an active employee of the FSIN, the subject of the study is studied directly in the course of exercising official powers. In the course of the study, the authors pay attention to the changed penitentiary legislation, which does not always keep pace with the ongoing changes in society.

In conclusion, the authors come to the conclusion that along with the existing positive trends in the activities of the institutions of the penal enforcement system, there is a great potential for increasing effectiveness in protecting the rights, freedoms and legitimate interests of convicts.

Yugra State University Bulletin. 2018;14(2):92-97
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Otzyv na dissertatsiyu Sal'nikova Artema Vladimirovicha «Ugolovno-pravovoe regulirovanie otvetstvennosti za banditizm: istoriya, sovremennost' i perspektivy», predstavlennuyu na soiskanie uchenoy stepeni kandidata yuridicheskikh nauk po spetsial'nosti 12.00.08 «Ugolovnoe pravo i kriminologiya; ugolovno-ispolnitel'noe pravo»
Agapov P.V.
Abstract

Otzyv na dissertatsiyu Sal'nikova Artema Vladimirovicha «Ugolovno-pravovoe regulirovanie otvetstvennosti za banditizm: istoriya, sovremennost' i perspektivy», predstavlennuyu na soiskanie uchenoy stepeni kandidata yuridicheskikh nauk po spetsial'nosti 12.00.08 «Ugolovnoe pravo i kriminologiya; ugolovno-ispolnitel'noe pravo»

Yugra State University Bulletin. 2018;14(2):101-105
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