Vol 16, No 1 (2020)

Year: 2020
Articles: 9
URL: https://vestnikugrasu.org/byusu/issue/view/1978

Articles

INTERNATIONAL LEGAL, DOCTRINAL AND ORGANIZATIONAL-PRACTICALAPPROACHES TO COUNTERING MERCY-Violent Crimein the Russian Federation

Avdeev V.A., Avdeeva O.A.

Abstract

The subject of the study is mercenary-violent crime, taking into account its condition, structure and dynamics. Particular attention is paid to the implementation of the Russian criminal law policy in the field of combating crime of mercenary-violent orientation, taking into account the requirements of international law. The purpose of the study is a modern analysis of the understanding of mercenary-violent crime, the content and types of crimes of this orientation. Attention is focused on the criminological analysis of mercenary-violent crime, prevention and prevention in the context of improving measures of criminal law, criminological and organizational and practical counteraction. The methodological basis for the study of measures to combat mercenary-violent crime is formed by a set of general scientific and private scientific methods that have led to an integrated approach to the study of legal policy to counteract mercenary-violent crime, taking into account the ongoing socio-economic and political-legal transformations. The main results of the study reveal the process of counteracting mercenary-violent crime in the context of globalization, measures to increase the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering crimes of mercenary-violent orientation. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed self-seeking and violent assaults. The novelty of the research topic is the formulation of the problem associated with the disclosure of the causes and conditions of mercenary-violent crime as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crimes of mercenary-violent orientation, determined by socio-economic and political transformations. In order to achieve the stated goal of the study, special legal methods of cognition were used that facilitate the analysis of the legal regulation of legal responsibility for mercenary-violent crimes. The result of the study is the disclosure of the legal nature of mercenary-violent crime, its essential properties and signs as a social negative phenomenon; identification of features of measures to counter self-serving and violent orientation; establishing trends in legal regulation of crimes of mercenary-violent orientation; determination of the specifics of the mechanism of legal regulation of legal liability for mercenary-violent crimes. An opinion was expressed that there was no categorical legal assessment of the concept of mercenary-violent crimes in domestic legislation, which predetermined the recognition of criminal legal measures as a strategic resource for combating mercenary-violent crime. The conclusions are formulated on the factors inspiring the legislative regulation of the corpus delicti of violent orientation, and the specifics of the implementation of punishment and other measures of a criminal law nature.

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Yugra State University Bulletin. 2020;16(1):7-16

7-16

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PROPERTY-RESTORATION LINE IN DEPENALIZATION CRIMINAL POLICYOF THE RUSSIAN FEDERATION

Sabitov T.R.

Abstract

The article analyzes the latest trends in Russian criminal policy related to its property-restoration focus. The author aims to emphasize the fact that criminal policy in Russia has significantly changed in its quality. The new rules on exemption from criminal liability increasingly emphasize receiving monetary compensation as a condition for such exemption. The articles of the Criminal Code of the Russian Federation are analyzed: on liability for non-payment of wages, pensions, scholarships, allowances and other payments; on exemption from criminal liability in connection with compensation for damage; on exemption from criminal liability with a fine; on liability for tax and other crimes. Considering the new criminal law norms on exemption from criminal liability, the author comes to the conclusion that these norms are increasingly contrary to the principle of personal responsibility, since the legislator increasingly proceeds from the task of restoring property interests than from the criterion of the presence or absence of public danger.

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Yugra State University Bulletin. 2020;16(1):17-22

17-22

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THE SEIZURE OF NON-CASH FUNDS THROUGH THE USE OR THREAT OF VIOLENCE

Bashkov A.V.

Abstract

The article analyzes the issue of qualification of theft of non-cash funds through the use of violence or the threat of its use. It is proposed to Supplement the current resolution of the Plenum of the Supreme Court on November 30, 2017 No. 48 «On judicial practice in cases of fraud, misappropriation and embezzlement» explanation of the qualification of violent methods of taking non-cash funds.

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Yugra State University Bulletin. 2020;16(1):25-29

25-29

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INFLUENCE OF FAMILY ON FORMATION ON THE IDENTITY OF THE CRIMINAL

Dikusar Y.S.

Abstract

The paper sets an approach to the definition of the family as a social system, considers the concept of family identity, which is one of the factors of the favorable influence of the family on the formation of the child’s personality. The structure of the family identity of minors is revealed, its most significant factors are determined. The article examines in detail such a component of the structure of family identity as family cohesion. The author also presents data from a survey of adolescent delinquent and normative behavior using the «Family Cohesion and Adaptation Scale» (FACES-3), analyzes them, identifies the types of families of juvenile delinquents, and presents the results of a study of the family identity of juvenile delinquents in a table form. Using t-student test, statistically significant differences were revealed between the prevailing types of families of adolescents with delinquent behavior and adolescents with normative behavior. As a result of the work, the author of the article emphasizes that the lack of a sense of adolescents' connection with the family, acceptance by the family, satisfaction with their family complicates their social development situation and can lead to illegal behavior. The author also makes brief recommendations on overcoming family disunity to form a cohesion factor as an indicator of family identity.

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Yugra State University Bulletin. 2020;16(1):30-36

30-36

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LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

Lapshin V.F., Nadiseva E.H.

Abstract

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

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Yugra State University Bulletin. 2020;16(1):39-45

39-45

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EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT

Rozenko S.V.

Abstract

The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacteristic of regulations and the formation of the criminal code of legal structure, where the punishment has ceased to be an obligatory consequence of the crime, as embodied and other measures of criminal-legal nature, like legal consequences of the crime. The essence of criminal punishment is recognized as a historically variable category, since it is determined by the objectives of criminal policy implemented by the state. Punishment includes legal restriction of the person, its rights and freedoms, but it is caused by system interaction with other measures of criminal-legal character.

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Yugra State University Bulletin. 2020;16(1):46-52

46-52

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THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT

Menshikova A.G., Dumanskaya E.I.

Abstract

The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.

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Yugra State University Bulletin. 2020;16(1):53-61

53-61

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SYSTEM OF THE GENERAL PART OF THE CRIMINAL CODEOF THE RUSSIAN FEDERATION

Shchelkonogova E.V.

Abstract

The article examines the General part of the Criminal Code. It is considered from the point of view of a systematic approach, questions are raised about the meaningful relationship between the norms of the General Part and the Special Part of the Criminal Code of the Russian Federation. The historical aspect of the formation of the current structure of the Code is given, and the question of whether the General and Special parts of the Criminal Code of the Russian Federation are identical parts or not. The sections of the General Part are analyzed in order to identify their functional load and significance for law enforcement.

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Yugra State University Bulletin. 2020;16(1):62-70

62-70

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PHONON SPECTRAL ENERGY DENSITY IN METALSWITH THE CUBIC LATTICE STRUCTURE

Orlov A.V., Zelenskiy V.I.

Abstract

This study derives an expression of spectral energy density of acoustic phonons, as well as introducing the basic properties of anharmonic phonons and deriving an expression of their spectral energy density. The description of the vibrations of the atoms of the crystal lattice to this day cannot be considered completely finished, despite the existence of the theory of heat capacity at a constant volume (Debye theory). Debye's theory perfectly explains the law of cubic increase in heat capacity with temperature at low values of the latter. However, at high temperatures, the Debye model seems insufficiently substantiated. In particular, it is not clear for what physical reasons the value of the critical frequency was introduced - the phonon frequency, above which their appearance is impossible. In addition, the spectral energy density of anharmonism phonons is not considered, although this information is extremely important. It is the spectral composition of the anharmonic phonons that is necessary for an objective description of the phonon-phonon interaction in a crystal. In this paper, the principles are stated on the basis of which the spectral energy density of phonons can be calculated. The consideration is carried out for a simple cubic crystal lattice.

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Yugra State University Bulletin. 2020;16(1):73-78

73-78