Contents No. 1 2021 – Союз криминалистов и криминологов

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CONTENTS 2021 No 1

FORENSIC EXPERT ACTIVITY

Polubinskaya S.V. The Neuro Lie Detector

CRIMINOLOGY

Rednikova T.V. The structure of environmental crime in the Russian Federation and the directions of its prevention

CRIMINALISTIC

Polstovalov O.V. Some aspects of forensic ensurance for streamlining of justice in the Era of Digitalization

Chinenov E.V., Shchukin V.I. Organization of planning of investigation of economic crimes committed on railway transport

PRESENTATION OF THE UNIVERSITY

THE SOUTHWEST STATE UNIVERSITY

Sheveleva S.V. Criminal procedure grounds for exemption from punishment in the light of economization of the State’s punitive policy

Nazarenko G.V. The doctrine of insanity: the aspect of error analysis

Grebenkov A.A. On strengthening criminal liability for unlawful acts associated with the use of electronic digital signatures

Lepinа T.G. “Commission of a crime for the first time” as a condition for exemption from criminal liability with the imposition of a court fine

Tarykin V.K., Shahbazov R.F. On the issue of transferring the Federal Penitentiary Service of Russian Federation (FSIN) to the Ministry of Internal Affairs of the Russian Federation

Loktionova Е.А. Criminological component of official activity of the penal system officers

Zarubina K.A. Formation of professional crime in Russia in the pre-revolutionary period

AUTHOR OF CRIMINALISTIC AND CRIMINOLOGICAL LITERATURE

Chuchaev A.I., Gracheva Yu.V., Malikov S.V. Russian group of the International Union of Criminologists: scientists, ideas and their implementation. The beginning of the path, reasons for the formation of the group, general characteristics (Article one)

SUMMER LAW SCHOOL AT THE UNIVERSITY OF POTSDAM

Borukaeva L. A., Fedorov N. I. Causing health damage due to the careless attitude of a medical worker to the performance of his professional duties (system of norms under the Criminal Code of the Russian Federation).

Danilov K. V. HIV infection st.122 of the RF Criminal Code

Efimova D.P. Objective signs of criminal failure to provide assistance to the patient

Ivanova L.G. Experience in countering the spread of HIV in Mongolia and Russia

Kuznetsov Andrey Yuryevich, Mustafazade Rovshan Shahin ogly. Criminal legal assessment of euthanasia in Russia

Mazulina S.A., Emelkina Ya.V. Article 120 of the Criminal Code of the Russian Federation: efficiency and development prospects. Can human organs and tissues be recognized as objects of civil turnover?

Nemashkalova D.Yu. Subject’s features of failure to render aid to a sick person

Saddarova K.O. Contracting HIV infection

MOSCOW CRIMINOLOGICAL PRACTICE

Krupkin P.R., Zhurkova P.A. Cybercrime as a threat to public safety

FORENSIC EXPERT ACTIVITY

Polubinskaya S.V. The Neuro Lie Detector

Abstract

Mission: to describe the main types of the neuro lie detector; on the basis of foreign scientific literature, to present the key areas of discussions on theoretical and practical problems of using the results of neuro lie detection in legal practice; to give a general description of the positions of foreign courts regarding the admissibility of evidence obtained by the neuro lie detector.

Methodology: dialectical method, analysis, synthesis, formal legal method, comparative legal method, method of interdisciplinary legal research.

Conclusions. As a result of the study, the author comes to conclusion that the controversial theoretical concepts underlying neuro lie detection and the ambiguity of the results from empirical studies prevent the admissibility of evidence obtained by using such techniques.

Scientific and practical significance. The author draws attention to the debates in scientific foreign literature on the theoretical foundations of neuro lie detection as well as the reliability of the empirical results of the techniques. Based on the analysis of literature, the author shows the conceptual errors of the creators of the neuro lie detector who do not take into account the complexity and interconnectedness of the human brain and the inability to localize human actions in a specific area of the brain. The results of empirical studies are also very ambiguous. Their design has serious limitations that do not allow recommending the neuro lie detector for use in real litigations. The questionable methodology of neuro lie detection, insufficient tests of the available techniques and the lack of general recognition in the scientific community make the evidence obtained by using the neuro lie detector inadmissible due to the criteria established by law and adopted in jurisprudence of foreign countries.

Keywords: neuroscience, human brain, electroencephalography, functional magnetic resonance imaging, neurolie detector, lies, deception, memory, court, criminal case, evidence, admissibility of evidence, expert testimony, expert opinions.

CRIMINOLOGY

Rednikova T.V. The structure of environmental crime in the Russian Federation and the directions of its prevention

Abstract

Mission: to analyze the causes of environmental conflicts, the structure of environmental crime in the Russian Federation, as well as the causes of environmental crimes and possible ways to prevent them.

Methodology: formal legal method, comparative legal method, deduction, analysis.

Conclusions. One of the important tasks of the development of legal science is the formation of legal regulation of all aspects of public life by creating a system of legislation that allows the most effective settlement of conflicts arising in society, including environmental and legal ones, as well as creating conditions for preventing their occurrence. However, neither society, social groups, nor entire States still demonstrate a willingness to prevent and resolve most environmental conflicts. Environmental crime is one of the extreme forms of manifestation of environmental conflicts in society. Environmental crimes pose a real threat to the country’s security, violate the constitutional right of its citizens to a favorable environment, and have a negative impact on the state of nature and the health of the population. The creation of an effective system for the prevention of environmental crimes in the country should be part of the measures to implement the state policy in the field of environmental protection. Depending on the category of subjects who commit environmental offenses in general and environmental crimes as the most socially dangerous type of them, the preventive measures taken can significantly differ in the methods and means used. The motives of environmental crimes committed by individual citizens differ significantly from the motives of their commission by organized criminal groups, as well as from the motives of environmental crimes committed in the course of carrying out activities by officials of economic entities. From the analysis of statistical data on environmental crimes committed in the Russian Federation, it follows that the vast majority of them fall on criminal encroachments on forest resources (Articles 260, 261 of the Criminal Code of the Russian Federation) and objects of the animal world (Articles 256-258.1 of the Criminal Code of the Russian Federation). In addition to the attractiveness of these natural resources for organized criminal groups, they are also the object of criminal attacks by ordinary citizens committed in order to meet their needs.

Among the main reasons for the commission of environmental crimes are: low living standards in regions rich in natural resources, low level of ecological culture of the population, insufficient information of citizens about the content of regulations and prohibitions in force in the field of environmental protection. An important role in the prevention of environmental crimes is played by the norms of criminal and administrative legislation, as well as the creation of conditions for the lawful environmental behavior of citizens. Prevention of crimes committed by citizens should be based on the following main directions: a) identification and elimination of the causes and conditions of their commission at the general, separate and individual levels; b) general preventive impact; c) special measures; d) regional preventive impact, taking into account the specifics of the level of economic development and the availability of certain types of natural resources that are the object of criminal encroachments; e) development of the system of environmental education and enlightening; e) individual educational work.

At the same time, one of the most effective measures to prevent organized environmental crime is to block the channels for the sale of illegally extracted natural resources, including cross-border ones.

Scientific and practical significance. The significance of the study is to develop recommendations for countering environmental crimes, depending on the reasons for their commission.

Keywords: crime, causes of crime, natural resources, organized crime, international cooperation, environmental protection, environmental crimes, conflicts.

CRIMINALISTIC

Polstovalov O.V. Some aspects of forensic ensurance for streamlining of justice in the Era of Digitalization

Abstract

Mission: to give a multidimensional characteristics of the problem of digitalization of justice as a driving force of forensic and legal streamlining of efforts to achieve its main purpose – redress for victims; to show organizational, legal and forensic aspects of digitalization of justice in terms of both positive and negative trends in modern practice.

Methodology: dialectical method, system-structural analysis, synthesis, formal legal method, interdisciplinary approach.

Conclusions. Digitalization as an objective and inevitable reality brings both new opportunities for optimizing legal proceedings and new challenges that deserve the closest attention of researchers.

Scientific and practical significance. The author draws attention to the fact that, in general, aimed at reducing the forces and means applied to achieve a socially useful result, digitalization in its misinterpretation by unscrupulous process participants, in the absence of sufficient legal guarantees, turns into a primitive simplification, directly opposite to the tasks of justice, regardless of its branch component. At the same time, the relevant facts are shown, specific examples are given, and typological characteristics of the key directions of digitization applying in relation to the establishment of circumstances of a wrong are given. The author typifies optimization of certain procedures for acceleration of the proceedings and reducing abuses of law into organizational, political-legal and forensic components from the standpoint of digitalization of legal proceedings. The author, in the context of the problem of digitalization, substantiates the need to make forensic knowledge universal and substantively defined, without reference to a particular branch belonging of any legal procedure.

Keywords: digitalization of justice, forensic streamlining, optimization of procedures, universality of forensics.

Chinenov E.V., Shchukin V.I. Organization of planning of investigation of economic crimes committed on railway transport

Abstract

Mission: to reveal the features of the organization of planning, promotion and verification of versions in the investigation of economic crimes committed on the railway transport, to highlight the existing problems and ways to solve them.

Methodology: dialectics, analysis, deduction, formal legal method.

Conclusions. Criminal cases of economic orientation committed on railway transport planning allows the most appropriate and purposeful organization of work on a criminal case. It promotes speed, objectivity, completeness and comprehensiveness in establishing the actual circumstances of the event as well as the search for and detention of a culprit. It consists in timely identification of investigation tasks, construction of versions, development of ways and methods of their verification, ensuring the widest possible use of scientific and technical means and the most appropriate tactical techniques. Investigation planning determines what investigative actions and operational search measures should be carried out to verify versions and defines the course of action.

Scientific and practical significance. The significance of the article lies in the possibility of its use for the construction of private forensic methods for investigating crimes of certain types and groups.

Keywords: investigation of crimes, railway transport, criminal case, planning, construction of versions, investigative actions, economic crimes, actual data, initiation of criminal proceedings, investigation plan.

PRESENTATION OF THE UNIVERSITY

THE SOUTHWEST STATE UNIVERSITY

Sheveleva S.V. Criminal procedure grounds for exemption from punishment in the light of economization of the State’s punitive policy

Abstract

Mission: to determine the grounds for exemption from punishment or postponement of serving a sentence, regulated exclusively by criminal procedure legislation. To suggest ways to improve law enforcement practices to save the state’s forced resources.

Methodology: theoretical (analysis, deduction, modeling), empirical and bibliometric methods are used. To identify purely procedural grounds for exemption from criminal liability, the author used the method of content analysis of scientific publications and judicial practice, as well as correlation analysis in the study of judicial statistics.

Conclusions: criminal procedural grounds for release from punishment are divided into rehabilitating and non-rehabilitating. The list of rehabilitating grounds is fixed in the criminal procedure legislation. Therefore, it does not cause any special problems at the conceptual level. The law does not provide an exhaustive list of non-rehabilitating grounds for release from punishment. Most of these grounds are set forth in the Criminal Code of the Russian Federation (mainly in Chapter 12 “Exemption from punishment”). However, some types are exclusively of a criminal procedural nature. At the same time, it is established that the Criminal Procedure Code of the Russian Federation in terms of fixing such grounds is extremely inconsistent, in some cases contradictory. As a result, specific grounds that do not have a legal basis in the norms of substantive law are identified.

Scientific and practical significance: at the doctrinal level, the criminal procedure grounds for release from punishment are identified. Scientifically based proposals are made for improving the quality of criminal and criminal procedure law in order to continue the course of humanization and, as a result, economization of criminal law relations.

Keywords: economization, humanization, release from punishment, rehabilitation, conviction.

Nazarenko G.V. The doctrine of insanity: the aspect of error analysis

Abstract

Mission. The proposed article aims to eliminate errors in the accounting of insanity, which form an array of doctrinal errors.

Methodology of this study is based on dialectical logic, the method of legislative and textual interpretation, and proven instrumental methods for analyzing doctrinal and legislative texts.

Conclusions. The error analysis aspect of insanity is not sufficiently reflected in the scientific literature. It is therefore a promising area of criminal law research that has theoretical and applied significance.

Scientific and practical significance. The study provides an opportunity to consider typical errors that can be found in the doctrine of insanity and to eliminate them in the process of implementing the regulations provided for in article 21, in part 3 of article 20 and part 1 of article 81 of the Criminal Code of the Russian Federation.

Keywords: insanity, exculpation, types of insanity, number and nature of criteria, errors and delusions.

Grebenkov A.A. On strengthening criminal liability for unlawful acts associated with the use of electronic digital signatures

Abstract

Mission: to identify the shortcomings of the Russian criminal and other legislation aimed at preventing illegal acts using an electronic signature. To suggest ways to improve its standards.

Methodology: system structural, formal logical and other scientific methods. To identify threats to public relations actually related to the use of qualified electronic signature (QES), the method of content analysis of media publications and judicial practice, as well as the case study method, were used.

Conclusions: In modern Russian practice, there are cases of illegal issuance and use of QES means for illegal activities connected with real estate, registration actions with legal entities, which are subsequently used as shell companies. They carry out money laundering operations, fraudulent actions and tax evasion.

Legislative bodies are taking measures to prevent illegal activities related to the use of electronic signatures. However, without reinforcing them with criminal liability for violations, it is impossible to talk about their effectiveness.

In view of this, it is proposed to include the following acts in the Criminal Code of the Russian Federation. They would provide for the criminality and punishability: “non-fulfillment or improper performance by an employee of an accredited certification center of his or her duties”; “creation and issuance by an employee of an accredited certification center of electronic signature means to perpetrators”; “receipt for use or use of electronic signature means by a perpetrator”.

Scientific and practical significance: consists in the analysis of the existing criminal situation, the identification of common types of attacks committed using electronic digital signatures. It also consists in proposals for the possible improvement of the criminal law, which will ensure a sufficient degree of protection of public relations in a paperless workflow.

Keywords: electronic workflow, digital government, electronic signature, fraud, theft, money laundering, shell company, certification centers.

Lepinа T.G. “Commission of a crime for the first time” as a condition for exemption from criminal liability with the imposition of a court fine

Abstract

Mission. The research subject: the sign of “commission of a crime for the first time” as a condition for exemption from criminal liability with the imposition of a court fine. There is no unified approach to the interpretation of this sign among researchers and law enforcement agencies. The purpose of the work is to determine the meaning of the sign contained in article 762 of the Criminal Code of the Russian Federation – “Commission a crime for the first time”.

Methodology: general scientific and private scientific methods: analysis, synthesis, structural-logical method, statistical and other methods of scientific knowledge.

Scientific and practical significance: exemption from criminal liability of persons against whom a criminal case or criminal prosecution has already been closed on non-rehabilitative grounds is considered contrary to the principle of Justice. A person previously exempted from criminal liability has already committed a violation of the criminal law. Therefore, he has not committed a crime for the first time. When deciding to exempt a person from criminal liability under article 762 of the Criminal Code, the court must consider information about the previous commission of crimes. It is provided by the Main Informational and Analytical Center of the Russian MIA and its structural divisions. It can be done on condition that limitation period for bringing to criminal responsibility established by article 78 of the Criminal Code have not expired.

Conclusions. We believe that it is advisable to cancel the exemption of a person from criminal liability in accordance with article 75-762 of the Criminal Code of the Russian Federation (provided that the limitation period for bringing to criminal responsibility has not expired), if a guilty verdict has been passed against him that has entered into legal force. In this case, the criminal case and prosecution must be resumed.

Keywords: court fine, commission of a crime for the first time, exemption from criminal liability.

Tarykin V.K., Shahbazov R.F. On the issue of transferring the Federal Penitentiary Service of Russian Federation (FSIN) to the Ministry of Internal Affairs of the Russian Federation

Abstract

Mission: to explain the possible consequences of including the Federal Penitentiary Service (FSIN of Russia) in the Ministry of Internal Affairs of the Russian Federation (MIA of Russia) on the basis of the presented arguments and statistical data.

Methodology: analysis, abstraction, synthesis, deduction and induction.

Conclusions. The issue of transferring the FSIN of Russia to the MIA of Russia should be the subject of a broad public discussion. As a result, a balanced decision can be made that fully reflects the situation of employees and convicts. After that, the attitude of society towards penitentiary institutions will change. Therefore, the degree of their attractiveness will increase for those highly qualified specialists who are considering entering the service in these institutions.

Scientific and practical significance. This study avoids the negative consequences of including the FSIN of Russia in MIA of Russia. In particular, abuse of official authority.

Keywords: Ministry of Internal Affairs, Federal Penitentiary Service, law enforcement agencies, operational search activity, pre-trial detention center, criminal investigation, convicts, imprisonment, Russian Federation, official authority.

Loktionova Е.А. Criminological component of official activity of the penal system officers

Abstract

Mission. To consider matters related to the misconduct of the penal correction system officers. To analyze the crime related and not related to the performance of official duties. As a result, to identify and study factors, hindering the effective performance of the penal system officers’ duties.

Methodology. In addition to the general scientific methods of research, official information posted on the Internet was analyzed, including statistics. In particular, it has been done to collect empirical material. The personnel of the penal institutions were interviewed using the method of anonymous questionnaires and interviews conduction.

Conclusions. It is proposed to expand the boundaries of criminological penitentiary research. The mission is to introduce the research results into the process of improving the existing forms and methods of working with the personnel of penal institutions in the field of forming law-abiding behavior.

Scientific and practical significance. The information provided can be used in the study of the course “Penitentiary criminology” as well as in the development of measures aimed at preventing the penal system officers’ misbehavior.

Keywords: penal system, penitentiary criminology, officer, service, prison crime, official crime, official discipline, offense, prevention, professional deformation.

Zarubina K.A. Formation of professional crime in Russia in the pre-revolutionary period

Abstract

Mission: to determine the main trends in the development of professional crime in Russia in the pre-revolutionary period, the factors that determine the formation of the “caste” of professional criminals.

Methodology: analysis, synthesis, formal legal method, system method.

Conclusions. Professional crime in Russia developed especially active in the pre-revolutionary period. The formation of the “caste of professionals” took place in specific socio-economic, political and cultural conditions. These conditions were different from those of Western Europe. The development of professional crime was determined by the difficult socio-economic situation of the population, due to the long-term orientation of the country’s economy on agriculture, the existence of a serf system, punitive (not correctional) criminal law policy of the state, and others. Chronologically, professional criminal activity, as a criminological phenomenon, had an evolutionary development movement. The first stage (before the XIX century) can be defined as “pre-professional”, then the signs of criminal professionalism were shaped more clearly. Therefore the “caste” of professional criminals was formed as a monolithic and cohesive structure. Criminal activity also became more socially dangerous.

Scientific and practical significance. This study develops and clarifies the theory of criminal law and criminology. In this regard, the analysis of the evolution of professional crime in Russia is useful both for further scientific theoretical research and for making recommendations on countering professional criminal activity at the current stage of state development.

Keywords: professional crime, signs of criminal professionalism, horse stealing, pickpocketing, criminal activities, professional criminal.

AUTHOR OF CRIMINALISTIC AND CRIMINOLOGICAL LITERATURE

Abstract

Mission: to trace the history of the Russian group of the International Union of Criminologists; to present historical portraits of the main actors involved in the organization and functioning of various associations in the field of criminal law and criminology in the XIX century in Russia and abroad; to describe the structure of the Russian group, the principles of organization of its activities; to outline the main range of issues that have been developed.

Methodology: analysis, synthesis, historical, comparative legal methods, content analysis, dialectical, system methods, method of interdisciplinary legal research.

Conclusions. The appearance of the Russian group of the International Union of Criminologists was a natural result of the process of interaction between scientists from different countries in the field of criminology and criminal law that had begun in the middle of the XIX century. The high authority of Russian scientists, the large size of the group, and the need to study local criminological problems determined the allocation of an independent national group within the International Union. The Russian group existed for fifteen years, from 1897 to 1914. During this time 10 congresses were held, which discussed criminal law issues that remain relevant up to the present time: parole; the introduction of the institution of patronage; the impact of alcoholism on crime; judicial discretion; religious and state crimes, etc. The Russian group left a huge scientific legacy that has yet to be comprehended by contemporaries.

Scientific and practical significance. The authors present for the first time the history of the Russian group of the International Union of criminologists; based on historical documents, its structure, principles of activity as well as the main issues considered by it are described. All this allows us to determine the historical origins of interaction between criminologists from different countries, to establish the scientific and creative continuity of the modern Union of criminologists and criminologists with the Russian group of the International Union of Criminologists.

Keywords: International Union of criminologists; Russian group; international cooperation; Union of Criminologists and Criminologists; history of cooperation.

SUMMER LAW SCHOOL AT THE UNIVERSITY OF POTSDAM

Abstract

Mission. The relevance of this topic is explained by the frightening dynamics of medical crimes and increased number of complaints about poor-quality medical care. The increasing number of cases of criminal prosecution against doctors is based on a variety of factors. However, the main ones are the following:

1) incompetence of medical workers, clear violation of professional standards, neglect of their job descriptions;

2) the fear of doctors to take even reasonable risks, since any adverse outcome threatens to be held criminally liable. Sometimes objective reasons (such as bad quality technical equipment of medical institutions or the patient’s physiological characteristics, etc.) become an obstacle in making the right decision by a specialist, entailing a negative reaction on the part of the patient or his relatives, resulting in a lawsuit. It is much easier for the patient’s relatives to shift all the blame onto the doctor than to accept the loss of a loved one.

The purpose of this work is to consider the systems of norms under the criminal code of the Russian Federation for causing harm to health due to negligent attitude of a medical worker to the performance of their professional duties.

Methodology. Research methods are expressed in the study and analysis of scientific literature, the study and generalization of judicial practice, analysis and synthesis, as well as comparison.

Conclusions. All the corpuses delicti are constructed as a material that, obviously, implies the establishment of causal connection between a wrongful act committed by a healthcare worker and its factual socially dangerous consequences. If the consequences (even in the form of death of the patient) occur due to the direct impact on the patient’s condition of suddenly arising extraneous factors, which the medical worker could not foresee, then, despite their careless or frivolous attitude to the performance of professional duties, objectively can cause harm to health or death of the patient as a result of certain actions (inaction), the Criminal Code of the Russian Federation does not allow to bring the medical worker to criminal responsibility.

The scientific and practical significance of this topic is explained by the frightening dynamics of medical crimes, an increased number of complaints about poor-quality medical care. The problem of crimes in the field of medicine has always been of interest to specialists in the field of criminal law, since it has a practical significance expressed in the protection of health.

Keywords: criminal punishment, medical worker, patient, medical care, harm to health, concomitant diseases, responsibility, negligence, medical crime, professional duties.

‍Danilov K. V. HIV infection st.122 of the RF Criminal Code

Abstract

Mission: to study this socio-legal phenomenon and assess the preventive measures.

Methodology: logical, systemic, axiological, statistical, synergetic, comparative legal methods, method of specific sociological research.

Scientific and practical significance. The author estimates the effectiveness of preventive measures for the type of crime under consideration and methods of solving the problem set.

Conclusions: the article substantiates that the increase in the number of people infected with HIV is due to the high level of latency of this socio-legal phenomenon. However, the increase in the number of infected people is affected to a large extent by the lack of medicines purchased by the Ministry of Health, which, in turn, is affected by the lack of funding. The modern system for the prevention of crimes against sexual freedom and inviolability of minors lacks effective means for prevention and detection of these crimes.

Keywords: HIV infection, threat of infection, qualification problems, disposition, long incubation period, normatively-fixed errors, AIDS, law enforcement agencies.

Efimova D.P. Objective signs of criminal failure to provide assistance to the patient

Abstract

Mission: to consider the features of Article 124 of the Criminal Code of the Russian Federation for the correct qualification of an act in accordance with the nature and degree of public danger. Based on the analysis of the special norms of the legislation of the Russian Federation, to reveal objective signs of criminal failure to provide assistance to the patient. It is found expedient to analyze the intrinsic characteristics of the definitions specified in the disposition of Article 124 of the Criminal Code of the Russian Federation, to show their legal dependence and to identify gaps in legislative regulation.

Methodology: general scientific (analysis, synthesis, systematization) and private scientific (formal legal, comparative legal) methods.

Conclusions. Criminal failure to provide assistance to a patient is included in the group of crimes against life and health. At this stage of the development of criminal legislation, the absence of a direct reference in the Criminal Code to the characteristics of certain features of the objective side gives rise to a variety of interpretations and incorrect qualifications. Consequently, we come to the conclusion that it is necessary to introduce the term “medical assistance” into the disposition of the norm and its specification.

Scientific and practical significance. The article forms an interpretation of the theoretical provisions of certain features of the objective side of the criminal failure to provide assistance to the patient.

Keywords: criminal law, Criminal Code, crime, objective signs, failure to provide assistance, nature of assistance, first aid, medical assistance, inaction, patient.

Ivanova L.G. Experience in countering the spread of HIV in Mongolia and Russia

Abstract

Mission: to compare the legislation of Mongolia and Russia to counteract the spread of HIV infection, to suggest a possible refinement of Russian legislation.

Methodology: logical, systemic, statistical, comparative legal methods.

Conclusions. The article compares the statistics of HIV infections in Mongolia and Russia, which shows that in Mongolia, based on the measures taken, there is a positive growth rate of infected people. This positive trend is directly related to the current criminal legislation of Mongolia and to the legislation that was in force until 2013. At present, the criminal legislation of Mongolia contains two crimes for HIV infection: evading HIV treatment (Article 104 of the Criminal Code of Mongolia) and HIV infection (Article 105 of the Criminal Code of Mongolia). Russia has criminal responsibility for acquiring HIV infection, and there is no liability for evading treatment. It is considered necessary to introduce this responsibility into the criminal code of the Russian Federation, as this will prevent new infections, will also reduce the number of people who become infected with HIV due to the fact that people start their treatment and possibly reduce the mortality rate from HIV infections.

Scientific and practical significance. The author compares legal experience, the effectiveness of measures to prevent the type of crime under consideration, and also suggests possible options for improving the Russian criminal law.

Keywords: HIV infection, AIDS, prevention, prevention, object of crime, the subjective side of the crime, infection, avoidance of treatment, epidemiological situation, criminal liability, human immunodeficiency.

Kuznetsov Andrey Yuryevich, Mustafazade Rovshan Shahin ogly. Criminal legal assessment of euthanasia in Russia

Abstract

Mission: the latest methods of life support provide an opportunity to prolong the rest of the life of patients suffering from incurable diseases. The medical staff is faced with the task of providing such patients with all the necessary conditions for a decent end to life. However, the full implementation of this task is often hindered by many factors – insufficient funding of medical institutions, incompetence of medical personnel, lack of painkillers, etc. These factors lead to the fact that a large part of incurable patients refuse to receive medical care because it does not help to alleviate their physical and moral suffering caused by the disease. And since the degree of such suffering sometimes reaches a critical level, some of these patients commit suicide. Other patients use euthanasia as a way to get rid of their suffering or commit suicide with medical assistance. In this regard, the issue of establishing the optimal limits of criminal law regulation of euthanasia, as well as causing death at the request of a person, does not lose its relevance. The article attempts to establish such limits based on the need to minimize the criminal impact on public relations while maintaining reliable guarantees of protection of citizens’ rights from criminal threats. At the same time, the authors come to different conclusions concerning the optimality of setting such limits.

Methodology: dialectical method, analysis, synthesis, deduction, formal legal method, system method, method of intersectoral legal research.

Conclusions: the issue of legalizing euthanasia in Russia is unlikely to be resolved in the near future. However, it is necessary to establish optimal limits for the criminal law regulation of euthanasia and causing death at the request of a person.

Scientific and practical significance: from the point of view of the current Criminal Code of the Russian Federation, euthanasia constitutes murder and is qualified under Part 1 of Article 105, since it is nothing more than intentionally causing the death of another person, although at his request, and carries a penalty of imprisonment for a term of 6 to 15 years. If there are aggravating circumstances, the qualification of euthanasia under part 2 of article 105 is not excluded (for example, in the case of hastening the death of a patient for remuneration). At the same time, in Part 5 of Article 1101 the criminal code of the Russian Federation establishes criminal liability for suicide with medical assistance, the typical public danger of which is assessed by the legislator in the range from 6 to 12 years of imprisonment. With this approach, simple murder, murder at the request of the victim on the grounds of compassion and assisted suicide are actually equated with each other in terms of public danger, which cannot be considered justified. It would be to mitigate the criminal liability for acts under Article 1101 of the Criminal Code, guided by the criterion of the need to minimize the criminal impact on public relations while maintaining reliable guarantees of protection of citizens’ rights from criminal threats. A proper differentiation of criminal liability would serve as a legal prerequisite for the imposition of fair punishment on the perpetrators of these acts.

Keywords: euthanasia, murder of a person at his request, murder with medical assistance, differentiation of criminal responsibility, individualization of criminal punishment.

Abstract

Mission: to conduct a historical overview of legislation in the part of criminal prosecution for the violation of the rules of transplantation of human organs and tissue, to define the main prerequisites and aims of Article 120 of the Criminal Code of the Russian Federation; analysis of corpus delicti of Article; analysis of judicial practice of Article’s application; development of an alternative way to regulate the legal relations related to compulsion to remove human organs or tissues for transplantation.

Methodology: historical method, analysis, synthesis, comparative method, formal legal method, sociological method.

Conclusions: based on the retrospective review of the Russian legislation, the authors defined that the prerequisites and aims of the establishment of Article 120 of the Criminal Code of the Russian Federation, expressed in quest for humanization, recognition of the human’s exclusive right to control and use his own body, prohibition of medical intervention into a human’s body without his agreement, destruction of “black markets” where the illegal organ transactions occur.

During the analysis of judicial practice, the authors came to the conclusion that the Article 120 of the Criminal Code of the Russian Federation was almost never applied in criminal prosecution. The detailed analysis of the elements of corpus delicti of Article explains, why this article can be applied only to a very narrow range of actions. In the authors’ opinion, Article 120 of the Criminal Code of the Russian Federation cannot carry out its original functions.

Scientific and practical significance. The authors propose the idea to recognize human organs and tissue as the objects of the right of ownership. In this case their civil-legal status and the process of criminal prosecution for compulsion to remove human organs or tissues for transplantation would be changed, that would lead to the decriminalization of “inactive” Article 120 of the Criminal Code of the Russian Federation. The main reason, why these amendments cannot be applied today, consists in the moral and ethical aspects of the society and its willingness to recognize organs and tissue as objects of transactions.

Keywords: criminal law, civil law, compulsion to remove human organs or tissues for transplantation, objects of transactions, retrospective review.

Nemashkalova D.Yu. Subject’s features of failure to render aid to a sick person

Abstract

Mission. Based on the analysis of normative legal acts of the Russian Federation, to examine the categories of persons who can be held liable for failing to render aid to a sick person according to Article 124 of the Criminal Code of the Russian Federation. To analyze various approaches to define the subject according to Article 124 of the Criminal Code of the Russian Federation. It is also necessary to determine whether all medical workers, law enforcement officers and other public authorities are subjects of the crime.

Methodology: the text utilizes general scientific (analysis, induction, deduction, comparison, system method) and special legal (formal legal method, method of law interpretation) research methods.

Conclusions. The subject according to Article 124 of the Criminal Code of the Russian Federation are: heads of medical organizations, experts with the higher professional (medical) education who have a specialist certificate; people with secondary vocational (medical) education, whose duties in accordance with the job description includes providing medical care; and people who exposed accreditation and received the license for medical activity.

Scientific and practical significance. The research showed the presence of legal uncertainty in determining the subject of failure to render aid to a sick person. The article explains the subject’s traits of a crime according to article 124 of the Criminal Code of the Russian Federation. The conclusions obtained during the research can use to form the doctrine of criminal law.

Keywords: failure to render aid, sick person, patient, subject of render aid, type of help, a health worker, medical staff, medical activity, job description, ambulance, pre-hospital medical assistance.

Saddarova K.O. Contracting HIV infection

Abstract

Mission: to analyze the factors that affect the spread and infection

of HIV infection in places of detention, the legal norms governing the treatment

and maintenance of HIV-infected prisoners, as well as methods of diagnosis

and treatment in order to develop ways, means, methods of prevention.

Methodology: general scientific dialectical method of cognition of social relations, methods of analysis, synthesis. induction, deduction, formal logical method.

Conclusions. In conclusion, the authors believe that the prevention

of HIV infection in prison is important for ending the global pandemic. We need

a large-scale review of all currently available means of fighting, a “sober” assessment of the situation, analysis of existing legal norms, additional research,

as well as the involvement and best practices of specialists in other areas from foreign countries to develop a comprehensive approach to this serious problem.

Scientific and practical significance. Scientific and practical significance

of the article is the possibility of using the conclusions of the article

in the improvement of the criminal-executive legislation, in the preparation

and implementation of federal and regional programs to promote the enforcement of sentences against convicted persons with HIV infection and the development of methodical recommendations on execution of punishment, together with measures of a medical nature, monographs, manuals, textbooks and teaching materials for educational organizations, including universities of the Federal Penitentiary Service of Russia in the subjects such as “Criminal law”, “Penal law”, “Criminology” in the system of advanced training of employees of the penal system.

Keywords: human immunodeficiency virus, convicts, mandatory treatment, HIV infection, penitentiary systems, prison, penal system, punishment.

MOSCOW CRIMINOLOGICAL PRACTICE

Krupkin P.R., Zhurkova P.A. Cybercrime as a threat to public safety

Abstract

Mission: to consider issues related to the fight against crimes committed on the Internet, as there is currently a tendency to increase the number of crimes of this kind. The authors provide statistical data and suggest ways to improve legislation and law enforcement activities in terms of countering these socially dangerous acts.

Methodology: deduction, formal legal method, comparative legal method

Conclusions: cybercrime is a new challenge for the state. Every year the number of such acts is steadily increasing. However, the detection rate of cybercrimes remains at an extremely low level. This is due to:

1. By the lack of legislation, in particular, the concept of “malicious program” is missing, responsibility for network attacks is not provided;

2. the absence of a malware classifier for viruses, trojans, worms, etc.;

3. lack of technical education in persons investigating cybercrimes.

Scientific and practical significance: the study of the experience of foreign countries in combating cybercrime, in our opinion, will help to improve and update legislative acts in order to deal with Internet criminals in the most effective ways.

Keywords: cybercrime, phishing, typosquatting, cyberthreats.