Contents No. 1 2023

DOWNLOAD No. 1 2023 in PDF

EDITOR-IN-CHIEF’S COLUMN

Zhilkin M.G.

Report of Professor Lopashenko N.A. “Komissarov: on the role of personality in the science of criminal law and the tasks of the doctrine at the present time”

Lopashenko N.A.

On the results of the survey of scientists in the field of criminal and penal enforcement law, criminology (in connection with the 70th anniversary of Professor V.S. Komissarov)

THE THEORY AND HISTORY OF LAW AND THE STATE

Kulikova S.G.

Uryadnik — the chief policeman in the village: unknown pages of the creation and functioning of the Institute of police officers of the Russian Empire 1878–1917

CRIMINAL LAW

Dmitrenko A.P., Kadnikov N.G.

On the issue of recognizing cryptocurrency as a subject of bribery and other crimes of a property nature

Borkov V.N.

Delimitation of occupying the highest position in the criminal hierarchy (art. 2101 CC RF) from the leadership of the criminal community (p. 4 art. 210 CC RF)

Prikhodko N.Yu.

Legal regulation of countering transport crimes at transport and transport infrastructure facilities

Pshenichnov I.M.

Comparative legal analysis of the criminal legislation of the Russian Federation and the Republic of Azerbaijan in the field of crimes against the peace and security of mankind: problem statement

CRIMINOLOGY

Uglitskikh D.V.

Criminological aspects of energy security in the Russian Federation at the present stage

Degterev A.A.

Countering cybercrime: the need to take into account foreign experience

Brazhin Yu.Yu.

Study of indicators of service-economic crime in the field of implementation of the national project “Healthcare”

CONFERENCE

INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE “PROBLEMS OF IMPLEMENTATION OF CRIMINAL POLICY IN THE FIELD OF COUNTERING EXTREMISM AND TERRORISM”

Volchetskaya T.S.

Scientific contribution of the Kaliningrad branch of the Union of criminologists and criminologists to the activities to counter extremism in Russia and abroad

Anisiforov T.S.

Preventive measures of a financial and legal nature as a mechanism for countering the legalization of proceeds from crime and the financing of terrorism

Volchetskaya T.S., Kozyreva I.E.

Forensic and psychological features of the personality of a criminal who commits crimes of an extremist orientation: theoretical and applied significance

Grigoriev A.N., Kot E.A.

Modern Extremism: Concept, Socio-Cultural Foundations and Development Trends

Isaenko V.N.

Individual issues of the organization of the investigation of terrorist crimes

Kramarenko V.P., Shabanov V.B.

On the role and significance of special forensic theories in the detection and investigation of extremism, terrorism and the prevention of investigative errors

Kulikov A.V., Sheleg O.A.

Terrorist act: features of criminal law and criminalistic characteristics

Kustov A.M., Makarova О.А.

To the question of the structure of the private forensic methodology for investigating extremist crimes

Makarova О.А., Kurkova N.A.

Criminalistic prevention of extremist crimes committed by minors

Osipova E.V., Avakyan M.V.

Forensic analysis of school shooting in Russia and abroad

Pankina I.Yu.

The specifics of ethnic extremism in Russia

MOSCOW CRIMINOLOGICAL PRACTICE

Ignatovich N.P.

Objective and subjective criteria for recognizing an act as insignificant in criminal law

Cyss Z.A.

Slander in the criminal law of the Russian Federation

CHAPTERS OF OUR BOOKS

Chapters from the book “Pastukhov Boris Nikolaevich. Portrait against the backdrop of eras”

NECROLOGUE

Matskevich I.M.

In memory of Roman Vladimirovich Kuleshov

ANNOTATIONS AND KEYWORDS

On the results of the survey of scientists in the field of criminal and penal enforcement law, criminology (in connection with the 70th anniversary of Professor V.S. Komissarov)

Lopashenko Natalya Alexandrovna

Mission: using the example of the personality of a Doctor of Law, professor, head of the Department of Criminal Law and Criminology of Moscow State University (2000–2017), who made an unconditional contribution to the organization of science, to check through a sociological study of a highly qualified professional audience what qualities a leader in science should have in order to effectively influence the doctrine and organization of science to determine what tasks are facing the science of criminal law and criminology today, in our difficult time.

Methodology: dialectical method, sociological method (questionnaire), analysis, synthesis.

Conclusions. The basis of personality in science in general and in the organization of science, in particular, including in the sciences of the criminal cycle, is a set of qualities that include professional qualities, communicative qualities and personal qualities. The personality of a scientist plays an essential role in science, first of all, in its organization, in establishing scientific communications, in the scientific education of students and followers, in the formation of doctrinal knowledge. It also largely determines the main tasks that science faces.

Scientific and practical significance. The role of the individual in the science of criminal, penal enforcement law and criminology belongs to little-researched topics, because this study fills the gap in the doctrine. The study has practical significance for young scientists, although not only for them, because it shows the priorities of the formation of individual scientific qualities.

Keywords: personality in science; criminal law; criminology; personality traits; organization of science; the infiuence of the leader of science on the doctrine; challenges facing science.

Uryadnik — the chief policeman in the village: unknown pages of the creation

and functioning of the Institute of police officers of the Russian Empire 1878–1917

Kulikova Svetlana Gennadievna

Mission: to highlight the unknown pages of the creation and functioning of the Institute of police officers of the Russian Empire in 1878-1917.

Methodology: based on methods of historical analysis, namely comparative historical and statistical methods. When recreating the prosopography of police officers, the method of retrospective questioning was tested. The complex use of general scientific and private scientific methods of historical research in combination with the principles of objectivity, systematicity and historicism made it possible to adequately outline the boundaries of research. Critical selection, analysis and comparison of historical sources contributed to the implementation of the principle of scientific objectivity. The principle of consistency made it possible to investigate the institution of police officers as a historical phenomenon characteristic of its time. In turn, the principle of historicism helped to reconstruct the average portrait of a police officer against the background of the epoch.

Conclusions. The police officer was one of the prototypes of the modern institute of precinct police commissioners. The main disadvantage of the institution of police officers is the weak coordination of their activities at the county and provincial levels, as well as a large amount of official authority, which, with weak control of higher officials, led to permissiveness.

Scientific and practical significance. The scientific significance of the material consists in the fact that the information presented in the article is written on the basis of archival sources, a number of which were first introduced into scientific circulation. The practical significance is explained by the need to preserve historical memory concerning the history of the formation and development of law enforcement institutions.

Keywords: police officer, schools of police officers, the second half of the XIX century, early XX century, the Russian Empire, the police.

On the issue of recognizing cryptocurrency as a subject of bribery and other crimes of a property nature

Dmitrenko Andrey Petrovich, Kadnikov Nikolay Grigoryevich

Mission: to analyse the problems of qualifying property crimes and bribery committed with the use of cryptocurrency and information and communication technologies and, taking into account judicial interpretation, offer recommendations for their resolution.

Methodology: dialectics, analysis, deduction, formal legal method, interdisciplinary legal research method, comparative legal method.

Conclusions. Taking into account the modern judicial interpretation, as well as a number of legislative novelties in the field of property turnover, it can be stated that cryptocurrency or other virtual assets can and should be recognized as the subject of property crimes, including corruption (in particular, be the subject of receiving and giving a bribe). It is necessary to support the Plenum of the Supreme Court of the Russian Federation in an effort to clarify and clarify the subject of the crime in property crimes, understanding by such a subject cash in the currency of the Russian Federation or in foreign currency, as well as non-cash funds, including electronic money, as well as cash funds converted from virtual assets (cryptocurrencies). However, a more precise interpretation is required about the use of the term “cryptocurrency” instead of the term “virtual assets”, including in relation to property crimes.

Scientific and practical significance. The significance of the scientific article lies in the need to solve the problems of criminal law assessment of acts committed with the use of cryptocurrency in general, and property crimes in particular. The latest decisions in this part of the Supreme Court of the Russian Federation will make it possible to more accurately differentiate criminal liability for property and corruption crimes.

Keywords: criminal liability, property crimes, subject of bribery, cryptocurrency as a subject of crime.

Delimitation of occupying the highest position in the criminal hierarchy (art. 2101 CC RF) from the leadership of the criminal community (p. 4 art. 210 CC RF)

Borkov Viktor Nikolaevich

Mission: to develop criteria to distinguish the occupation of a higher position in the criminal hierarchy (article 2101 CC RF) from the leadership of a criminal association, committed by a person holding a higher position in the criminal hierarchy (part 4 of article 210 CC RF).

Methodology: to achieve the set goal we used the dialectical method, normative and sociological approaches, allowing to assess the social conditionality of legal phenomena. The method of system analysis and the formal-legal method were used.

Conclusions. The establishment of corpus delicti of occupying a high position in the criminal hierarchy should not be replaced with the ascertainment of the leadership of a criminal association which is being performed by the subject. Taking into account the developing judicial practice and academic positions, the article formulates the reasoned conclusions on two aspects of the stated problem. The question about the qualification of actions of a person, who leads a criminal organization and occupying the highest position in the criminal hierarchy, according to the combination of art. 2101 of the CC RF and part 4 of art. 210 of the CC RF is solved. We also studied the possibility of imputing to the guilty under art. 2101 of the CC RF, when the “thief in the law” does not manage the criminal organization, does not share the sphere of influence and criminal proceeds. The solution of these problems is based on the understanding of the occupation of a higher position in the criminal hierarchy as a continuing offense and the idea that art. 2101 of the CC RF and the rule providing the commission of the acts referred to in parts 1 and 11 of article 210 of the CC RF by a person who holds a higher position in the criminal hierarchy (part 4 article 210 CC RF), do not relate as part and whole.

Scientific and practical significance. The article shows the specificity of the norm providing criminal liability for occupying the highest position in the criminal hierarchy (art. 2101 CC RF), which caused the discussion about its content in the theory and judicial practice. The author has formed a reasoned position on the correlation between the crimes stipulated by art. 2101 of the CC RF and part 4 of art. 210 of the CC RF.

Keywords: highest position in the criminal hierarchy, leadership of a criminal association, thief in law, continuing crime, competition of criminal law norms, part and whole.

Legal regulation of countering transport crimes at transport and transport infrastructure facilities

Prikhodko Natalya Yurievna

Mission: to analyze some aspects of the legal regulation of countering transport crimes at transport facilities and transport infrastructure, to determine the mechanism of legal regulation in the crimes under consideration, to confirm the need to improve and consolidate legislation in this area.

Methodology: general scientific methods were used: analysis and synthesis, dialectical method, the method of legal comparison.

Conclusions. The substantive features of legislation regulating the activities of transport, transport infrastructure and transport hub facilities require a very rich legal field, the possibility of implementing a variety of legal, technical, organizational means and methods aimed at studying, improving and consolidating the legislative framework in the mechanism of legal regulation to counter transport crimes. The disclosure and timely elimination of these problems of legal regulation will ensure that the transport security complex will resist the threats of committing criminal acts. The timely initiative of specialists in the field of ensuring security at the facilities of the transport complex is also important, caused by the objective need to improve the forms and methods of activities that ensure transport security.

Scientific and practical significance. Currently, there is no conceptual legal and legislative approach to a unified understanding of ensuring transport security, the mechanism of legal regulation for countering transport crimes, the regulatory legal framework for transport security is insufficiently systematized, there is no unified approach to concepts and a general principle of application. Ensuring the safety of transport, facilities and infrastructure is expressed in a complex process that involves the implementation of steps to create and continuously improve functional measures that need to be fixed at the legislative level for the purpose of countering transport crimes.

Keywords: transport security, mechanism of legal regulation, counteraction, transport crimes, transport facilities, regulations, facilities, transport infrastructure, transport, legislation, anti-terrorist security.

Comparative legal analysis of the criminal legislation of the Russian Federation and the Republic of Azerbaijan in the field of crimes against the peace and security of mankind: problem statement

Pshenichnov Ilya Mikhailovich

Mission: to draw the attention of the scientific community to certain problems of criminal law ensuring the peace and security of mankind, as one of the main objects of terrorist and extremist crimes in modern conditions. In particular, aspects of the significant activation of this criminal segment in 2022 are touched upon, which largely actualizes the need to review the current state of interaction between law enforcement agencies, including at the international level, to refiect the relevant criminal challenges. Whereas one of the key barriers in this way is the lack of unified approaches to the establishment of criminal responsibility, as well as the general shortcomings of certain legal norms and legislative approaches in this area.

Methodology of the conducted scientific research is mainly focused around the dialectical method of cognition of social and legal reality, which made it possible to form and formulate specific steps capable of strengthening measures of criminal and legal counteraction to crimes of terrorist and extremist orientation against the peace and security of mankind. At the same time, the following methods also contributed to the solution of the tasks set: analysis, synthesis, induction, deduction, description and other methods.

Conclusions. Certain weaknesses and omissions in the criminal laws of certain post-Soviet states that complicate law enforcement activities in the field of combating relevant criminal encroachments are identified.

The scientific and practical significance of the article lies in the fact that the conclusions set out in it contain proposals for the progressive modernization of the relevant legislative prescriptions in order to develop a mechanism for their uniform application.

Keywords: peace and security of mankind, crimes, terrorism, extremism, encroachment, counteraction, criminal law, law enforcement, modernization, public safety, unification.

Criminological aspects of energy security in the Russian Federation at the present stage

Uglitskikh Dmitry Vasilievich

Mission: definition and disclosure of measures for the prevention and prevention of crime in the fuel and energy complex, taking into account the interaction of measures of a criminal law and criminological nature.

Methodology: a set of general scientific and private scientific methods, special legal methods of knowledge that contribute to the analysis of regulatory legal regulation in the field of energy security.

Conclusions. Proposals aimed at improving measures to combat crime in the field of energy security, including increasing the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering criminal encroachments in the fuel and energy complex.

Scientific and practical significance. The novelty of the research topic lies in the formulation of the problem, which is determined by identifying the causes and conditions of crimes in the field of energy security in the current conditions of the social development of Russian society. The main lines of policy in the field of combating crime in the fuel and energy complex have been determined. The legal essence of crime in the fuel and energy complex, criminological measures to counteract crimes in the energy sector, trends in the legal regulation of fuel and energy crimes are disclosed.

Keywords: ensuring energy security, criminal policy, legal measures to combat crimes in the field of the fuel and energy complex, combating crime, criminal law and criminological countermeasures.

Countering cybercrime: the need to take into account foreign experience

Degterev Andrey Aleksandrovich

Mission: the article considers the institutional and organizational mechanism of countering cybercrime at the present stage of society development.

Methodology: dialectical method, analysis, synthesis, deduction, comparative legal method, system method.

Conclusions. A comparative legal analysis of the legislations of China, the UAE and Russia is given. The problems of technical and organizational and legal support of preventive activities are identified.

Scientific and practical significance. The author proposes to develop a strategy for countering cybercrimes within the framework of preventive activities, which will allow identifying existing pain points in society, in the state and in the international system of countering these crimes.

Keywords: cybercrime, cybersecurity, Internet services, computer information, national security, information security, phishing, illegal intrusion, telecommunication networks.

Study of indicators of service-economic crime in the field of implementation of the national project “Healthcare”

Brazhin Yuri Yurievich

Mission: to analyze the statistical data of the SIAC of the Ministry of Internal Affairs of Russia, demonstrating the current state, dynamics and structure of service-economic crime in the implementation of the national project “Healthcare”. Through the study of crime rates, the authors put forward a short-term forecast of crime in the area under consideration.

Methodology: dialectical method, induction, statistical analysis, content analysis, extrapolation, expert evaluation.

Conclusions. A hypothesis is put forward that forms a positive trend in the growth of service-economic crime in the implementation of the national project “Healthcare”.

Scientific and practical significance. Given the lack of comprehensive studies devoted to the study of the state, dynamics and structure of service and economic crime in the implementation of the national project “Healthcare”, the results obtained can be useful methodological recommendations for the formation of proposals for improving the existing mechanism for combating crime in the area under study.

Keywords: national project “Healthcare”, service-economic crime, indicators, crime forecast, state, structure, dynamics.

Scientific contribution of the Kaliningrad branch of the Union of criminologists and criminologists to the activities to counter extremism in Russia and abroad

Volchetskaya Tatyana Stanislavovna

Based on the results of many years of activity of the Kaliningrad branch of the Union of Criminalists and Criminologists, in December 2022, the International Scientific and Practical Conference “Problems of implementing criminal policy in the field of countering extremism and terrorism” was held at the Institute of Management and Territorial Development of the Immanuel Kant Baltic Federal University. Scientific partners in organizing this conference were scientists from the Moscow State Regional University who came to Kaliningrad. The conference was attended by foreign scientific partners from the Belarusian State University (Republic of Belarus), Karaganda University of Kazpotrebsoyuz (Republic of Kazakhstan).

The conference was an important factor for developing comprehensive measures to prevent terrorism, as well as for further expanding scientific ties and strengthening cooperation between the Kaliningrad branch of the Union of Criminalists and Criminologists within the framework of agreements concluded between universities.

Keywords: counteraction to extremism, investigation of crimes, investigative practice, forensic characteristics, psychological characteristics of a criminal, violence, youth environment, promotion of versions, prevention of extremism, Kaliningrad Branch of the Union of Criminalists and Criminologists.

Preventive measures of a financial and legal nature as a mechanism for countering the legalization of proceeds from crime and the financing of terrorism

Anisiforov Tim Sergeevich

Mission: to formulate conclusions and proposals aimed at developing preventive measures of a financial and legal nature as a mechanism for combating the legalization of proceeds from crime and the financing of terrorism.

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

Conclusions. Prevention in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction is of fundamental importance, since the fate of a person included in the list of organizations and individuals involved in terrorist activities will depend on the nature and extent of the measures applied. or extremist activities.

Legislation defines only two areas in which preventive measures can be taken in order to counteract the legalization of proceeds from crime and the financing of terrorism, namely, the provision of anti-corruption information by Rosfinmonitoring and notification of the competent authorities of foreign states about the prohibition of certain categories of persons from performing financial transactions outside territory of the Russian Federation, however, prevention in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction should not be limited exclusively to the public service apparatus.

Scientific and practical significance. The results of the study can be used both in the practical activities of entities exercising control in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, and in further theoretical developments within the framework of the general concept of financial control.

Keywords: Financial Action Task Force; FATF; AML/CFT; legalization (laundering) of proceeds from crime; financing of terrorism; financing of the proliferation of weapons of mass destruction; Federal Financial Monitoring Service (Rosfinmonitoring).

Forensic and psychological features of the personality of a criminal who commits crimes of an extremist orientation: theoretical and applied significance

Volchetskaya Tatyana Stanislavovna, Kozyreva Irina Evgenievna

Mission: based on the analysis of the materials of criminal cases, to develop a forensic characterization of extremist crimes, in the system of which to identify the forensic and psychological characteristics of the perpetrators of these crimes. Develop scientific and practical recommendations for investigators on the identification and use of this information.

Methodology: dialectical method, analysis, synthesis, deduction, system-structural approach, situational modeling, statistical and specific sociological methods: questioning, interviewing, analysis and generalization of materials from investigative and judicial practice.

Conclusions. In the system of forensic characteristics of extremist crimes, typical information about the identity of the offender is of great theoretical and applied importance. It is she who allows scientists to develop evidence- based recommendations for the investigation and prevention of these crimes, and investigators to put forward specific versions about individuals, as well as develop methods of tactical interaction with them. An analysis of the materials of investigative and judicial practice made it possible to establish that the vast majority of extremist crimes are committed by males.

Women commit these crimes much less often, more often out of revenge, or because of psychological or material dependence on a person who is part of an extremist community. Young people are the main risk group exposed to the infiuence of followers of extremist views and ideas. As a rule, persons with a secondary or specialized secondary education become suspects in committing extremist crimes, a number of them were school students at the time of the crimes. A certain part of the youth is characterized by a lack of perception of their activity as extremist, understanding it as a justified criticism of the dominant world order, guaranteed by freedom of speech. The leaders of extremist formations had higher education, which is characterized by a high intellectual level, a certain financial viability and the superiority of age in relation to most of the members of the extremist community, which is necessary for authority. Information about the properties of the alleged criminal should be obtained by analyzing the e-mail of the suspect, studying the history of his search queries on the Internet, searching for resumes and advertisements posted on the relevant specialized sites, as well as by analyzing databases. The most highly informative source about extremist activities of a person in cyberspace is his personal page in various social networks.

Also, information about the identity of the offender in the investigation of extremist crimes can be obtained as a result of the appointment and conduct of a forensic linguistic examination, which, depending on the characteristics of the criminal situation, is often assigned in combination with psychological, political science, or religious studies.

Scientific and practical significance. The results of the study can be used as the basis for further study of the problems of countering extremist crimes in general, and can also serve as the basis for the subsequent development of the forensic characteristics of certain types of such crimes. In the applied aspect, the results obtained can be used in investigative practice to put forward versions about persons who commit extremist crimes, to choose both tactics for establishing psychological contact with them, and tactics for conducting individual investigative actions with their participation.

Modern Extremism: Concept, Socio-Cultural Foundations and Development Trends

Grigoriev Anatoly Nikolaevich, Kot Ekaterina Aleksandrovna

Mission: extremism as a social phenomenon of modern life is a real threat to national security of the Russian Federation, although the attitude to extremism in modern Russian society remains ambiguous. Extremism in fact is one of the most acute and extreme manifestations of existing social contradictions. In this connection, in the basic program documents of the state in the sphere of security the activity of extremist organizations is referred to one of the main sources of threats in the sphere of state and public security. It seems to be quite reasonable. Globalization and establishment of unipolar world in geopolitics occur with the help of extremism and threaten security of the Russian state as well. At the same time, counteraction to extremist-oriented crimes is a very complicated task that requires a complex, systematic approach. To a large extent, this circumstance is caused by the fact that the content of both the phenomenon itself and its counteraction directly affects both legal problems and a number of socio-economic, political and other problems. In this regard, improving the effectiveness of law enforcement agencies to combat extremist crimes requires not only comprehension of the concept of extremism as a complex socio-political and cultural reality of modern society, but also the identification of key foundations and trends of its development.

Methodology: dialectical method, analysis, synthesis, deduction, formal-legal method, system method, the method of interdisciplinary legal research.

Conclusions. From the substantive point of view, extremism is a criminal, socially dangerous act, encroaching on the foundations of the constitutional system, security of an individual, society and the state by the application of violent methods, the denial of generally accepted norms and rules of social behavior, as well as the imposition of their own ideological settings to the society and the state. Improvement of methodological foundations of counteraction to extremist crimes must be based on the complex analysis of factors influencing the formation of extremism in Russia, peculiarities of its manifestation and development trends.

Scientific and practical significance. Counteraction to crimes of extremist orientation is a difficult task for law enforcement bodies. It is stipulated both by complicated nature of extremism and specificity of its manifestation in different aspects of modern society life. Development of the concept of this phenomenon, reflecting its complex nature, as well as the identification of socio-cultural bases and development trends of extremism are necessary conditions for improvement of state policy in the sphere of counteraction to this phenomenon. From a practical point of view, the implementation of the mentioned above would contribute to the enhancement of the effectiveness of state and society actions to suppress extremist activity and prevent extremism.

Keywords: security, ideology, nationalism, counteraction to extremism, prevention of extremism, radicalism, terrorism, extremist activity, extremist organization.

Individual issues of the organization of the investigation of terrorist crimes

Isaenko Vyacheslav Nikolaevich

Mission: questions. presented by the author in this article, are the result of generalization and analysis of the practice of organizing the investigation of a number of terrorist crimes. including the practice of personal participation in this work. Despite the fact that the crimes registered in the Russian Federation under Chapter 24 of the Criminal Code of the Russian Federation were not always associated with explosions. arson and other actions committed with goals. named in Part 1 of Article 205 of the Criminal Code of the Russian Federation, the level of terrorist danger continues to remain high. This is evidenced by the relevant statistical data. Employees of investigative, operational- search bodies, prosecutor’s offices need to be prepared for possible participation in the investigation of the crimes under consideration, and therefore they need to know the appropriate forensic techniques. forensic and other applied means of performing this work. The materials of investigative practice show that the full establishment of the circumstances of the preparation and commission of terrorist acts, the identification and exposure of the perpetrators, as well as their accomplices, directly depends on the proper organization of this work. Its optimal form is an investigative group with the necessary operational-investigative, expert and technical-forensic, information support, a clear distribution of functional responsibilities among the employees included in its composition. Of course, it is important to include in such a group of investigators with personal experience of participating in the investigation of such crimes. When investigating terrorist acts, it is necessary for the elements of its organization to ensure the safety of the members of the investigation team, especially during inspections of accident sites where explosive devices may be located. If necessary, measures are taken to ensure the safety of victims and witnesses. The investigation of terrorist acts is a kind of systematic approach to the organization of investigative work with a clear focus and functional orientation of the investigators included in its composition, as well as other employees involved.

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

Conclusions. The specifics of the investigation of crimes of a terrorist nature, in particular terrorist acts (acts of terrorism), also determine certain features of the approaches to organizing and conducting their investigation.

Scientific and practical significance. The effectiveness of the investigation of terrorist crimes depends both on the clear organization of this work on the basis of recommendations developed in the field of scientific organization of labor, as well as on the materials of generalization and analysis of relevant investigative practice. It also requires the knowledge and active use by investigators in this work of scientifically sound technical, methodological, tactical recommendations developed by forensic science.

Keywords: terrorist threat, counteraction to terrorism, terrorist act, investigation team, organization of investigation, systematic approach, forensic methodology, forensic recommendations, security measures, practical experience.

On the role and significance of special forensic theories in the detection and investigation of extremism, terrorism and the prevention of investigative errors

Kramarenko Vladimir Petrovich, Shabanov Vyacheslav Borisovich

Mission: the article presents the author’s view on the formation of private forensic theories in the development and improvement of forensic methods of crime investigation. In particular, the private criminalistic theory of temporal connections and certain aspects of its practical integration into the process of investigating extremist crimes are analyzed. Since this theory originated more than 20 years ago, it needs to be updated in today’s world. It is important to emphasize that at the end of the twentieth century in criminology, it was not yet accepted to discuss the so-called virtual traces, which most process scientists categorically did not recognize as evidence in a criminal case. The development of the state and its legal foundations has convincingly proved that in the 21st century virtual (computer) or digital traces should be introduced into the criminal process, along with material and ideal traces. The paper focuses the attention of participants in criminal proceedings on the need to use the latest technical means and equipment, as well as digital technologies, to identify, consolidate and investigate evidence. Their use, according to the authors, reduces the influence of subjective factors and makes it possible to objectify the establishment of all time connections and expand the boundaries of situations that arise during the investigation of crimes of the category under consideration. Modern digital technologies and the technical means used objectify information about the event under investigation. Their presence, as well as the active introduction and use in practical investigative activities, allows the investigator to save the time component of the preliminary investigation of certain types of crimes in general and extremist orientation, in particular. The use of temporary connections in proving will dramatically reduce, and in some situations, completely abandon the endless confrontations, on-site testimony checks, and investigative experiments. In the current state of affairs, the organization and production of these investigative actions takes an insane amount of the investigator’s working time. Their final goal is to verify the testimony of all participants in the criminal process about certain facts of the past criminal act. The interrogated, under the influence of various subjective factors, for the most part, tend to distort the essence of what they saw or heard. The authors believe that no one has any doubts about the fundamental provisions of the theory of time connections, which any operative and investigator is obliged to use in the search for criminally significant information, as well as evidence in the investigation of crimes, namely to establish:

a specific moment in time when the criminal had the intention to commit a crime, i. e. to establish the root cause;
the time interval, calculated in days, months or years, during which the criminal moved from a mental plan to the real embodiment of the commission of the crime;
those temporary relations that characterize the sequence of actions in the time of the criminal, aimed both at the implementation of the plan and at hiding the traces of the crime.

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

Conclusions. One of the main tasks of the investigator is not to get lost in the flow of information and consistently record those clues that clearly indicate the moment in time from which the future militant began to take a detailed interest in extremist or terrorist activities, look for accomplices, obey a specific person — leader, etc.

In our opinion, when investigating extremist manifestations or acts of terrorism, it is unjustified to limit ourselves to establishing only those facts that relate to the direct implementation of a criminal intent, to a specific perpetrator. Information should be supplemented with facts related to the leader of the criminal community. In other words, it is necessary to expand the list of circumstances to be proven in a criminal case, in each case establishing the root cause of the intent to commit a crime, while ensuring the protection of witnesses.

Scientific and practical significance. The emergence of new technical means and technologies that make it possible to accurately establish temporary connections in the development of certain events, which subsequently became the subject of research in criminal proceedings, actualize and stimulate the need for further scientific research in the field of private methods of temporary connections in the investigation of any crimes, and extremist, in particular. Practical recommendations are given that define the main activities of operational staff and investigators to determine the time links that affect the results of the investigation and the prevention of investigative errors.

Keywords: special forensic theories, temporary connections, extremism, terrorism, traces of a crime, digitalization, situation, investigative errors, leader of an extremist organization.

Terrorist act: features of criminal law and criminalistic characteristics

Kulikov Alexander Viktorovich, Sheleg Olga Alekseevna

Mission: terrorism in any of its manifestations is one of the most dangerous, destructive and violent acts directed against humanity. The actions of terrorist and extremist organizations that use increasingly cruel, inhuman methods and means to achieve their goals threaten the security of many countries and their citizens, have a negative psychological impact on people.

In recent years, the activity of international terrorism has intensified, which is associated with numerous socio- economic and interethnic conflicts in various regions of the world.

Terrorism today, which has a religious and nationalistic connotation, poses a serious threat to public security and political stability in Russia. The cases of manifestations of terrorism in the country cause a sharp public response, causing people to worry about their safety, the safety of relatives and friends.

The article is devoted to the study of the features of criminal law and criminalistic characteristics of terrorist crimes. It is noted that when committing a terrorist act, special attention should be paid to the personality of the criminal, which is characterized by a complex structure and the allocation of various types and subtypes, in connection with which, problems concerning the limits of studying such a person, what specific characteristics and indicators should be included in this concept are considered.

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

Conclusions. The knowledge and application of elements of the criminal-legal and criminalistic characteristics of the terrorist’s personality contributes to the prompt disclosure of the crimes committed by them, as well as to a high-quality investigation in full.

Scientific and practical significance. Special attention is paid to highlighting the issues of the necessary list of information about the identity of the criminal-terrorist, ensuring an effective investigation of crimes of this type. The article proposes a classification of terrorists according to the persistence of their terrorist activities, as well as the direction of their motivation. The study of the motivation of the person who committed a terrorist act, as part of the study of the criminalistic and criminal-legal characteristics of the crime, will help to minimize law enforcement errors associated with ignoring terrorist and extremist components when identifying signs of the subjective side of the crime.

Keywords: terrorist act, criminal identity, terrorist, criminal-legal and criminalistic characteristics, classification of terrorists, terrorist organizations, effective disclosure and investigation of terrorist crimes.

To the question of the structure of the private forensic methodology for investigating extremist crimes

Kustov Anatoly Mikhailovich, Makarova Olesya Aleksandrovna

Mission: formulate conclusions and proposals regarding the structure of a private methodology for investigating crimes of an extremist orientation, in particular, such an element as checking a report on a crime of an extremist orientation. Methodology: synthesis, analysis, integrated approach, system-structural method, comparison, generalization, situational approach.

Conclusions. The nature of such a phenomenon as extremism is destructive. Extremism has no borders and is transnational in nature. The availability of information and telecommunication technologies has changed the qualitative and quantitative characteristics of modern extremist crimes. The authors substantiate the objective need to rethink the structure of the private methodology for investigating extremist crimes, draw attention to the need to highlight such an element as checking a crime report.

According to the authors, verification of a message about a crime of an extremist orientation should include the following elements: acceptance, study and registration of a message about a crime; direct verification activities; making a decision based on the results of the audit. It seems that in a private methodology for investigating this group of crimes, a detailed algorithm for the actions of an official who checks a report of a crime in order to resolve the issue of initiating a criminal case must necessarily be developed. The content and nature of these actions depends on a number of circumstances, including emerging investigative situations that can be formulated as pre-investigation situations.

Scientific and practical significance. The results of the study can be used both in the practical activities of law enforcement agencies and in further theoretical developments within the framework of the general theory of the forensic methodology for investigating crimes.

Keywords: extremism, crime, extremist orientation, private technique, structure, verification of a crime report.

Criminalistic prevention of extremist crimes committed by minors

Makarova Olesya Aleksandrovna, Kurkova Natalia Alekseevna

Mission: to study the possibilities of criminalistic prevention of extremist crimes committed by minors Methodology: synthesis, analysis, integrated approach, system-structural method, comparison, generalization Conclusions. During last years, extremism among young people has acquired aggressive forms, violence, cruelty, denial of generally accepted morality and any forms of governance are being imposed, ideas of combating law enforcement agencies and state authorities are being promoted. The conducted research allows us to conclude that in modern conditions, explanatory and preventive work among young people is not enough, improvement of preventive measures is required. It is necessary to intensify and establish interaction between the entities involved in the prevention of extremist crimes committed by minors and to carry out measures on a regular basis to identify and suppress the activities of extremist youth groups.

Scientific and practical significance. The results of the conducted research can be used in the preventive activities of the investigator.

Keywords: forensic prevention, extremism among young people, counteraction to extremist activities, preventive measures.

Forensic analysis of school shooting in Russia and abroad

Osipova Ekaterina Vasilievna, Avakyan Mikhail Vladimirovich

Mission: the aim of this study is to conduct a forensic analysis of the phenomenon of school shooting in Russian and foreign educational institutions, as well as to develop scientific and practical forensic recommendations to counteract this form of deviant behavior.

Methodology: dialectical method, analysis, synthesis, deduction, system and structure approach, situational approach, method of comparative legal research.

Conclusions. The forensic analysis of the criminal activities of school shooters led to the conclusion that the following should be singled out as the main elements of the forensic characteristics of massacres in educational organizations: the motives and goals of the offender; personality traits of a school shooter; the circumstances of the crime, including time and place; the main ways and means of committing a crime.

A comparative analysis of Russian and foreign experience has shown that the forensic characteristics of such elements as the means of committing a crime (types of weapons, explosives), the identity of the offender (age) are different. The average age of the Russian school shooter is less — 14–18 years, pneumatic weapons and household knives prevail as means. In addition, both in foreign countries and in Russia, there is a trend towards imitation, the impetus for which was given during the mass shooting at the Columbine School (USA). It was also concluded that most school shooters communicate their intention in one way or another before committing a crime.

The place of the crime in the context of the problem under consideration is invariably the educational organization, and the greatest “efficiency” is achieved by the attackers who began to realize their criminal intent directly in the premises of the educational organization. There is a correlation between the place and the personality of the offender — in all cases in Russia these are students or former students of an educational organization.

Scientific and practical significance. The results of the study can be used as the basis for further study of the phenomenon of school shooting in general, and can also serve as the basis for the subsequent development of the forensic characterization of mass murders in educational institutions in Russia. From a practical point of view, the results obtained can be used in the activities of law enforcement agencies to counteract cases of school shooting in the Russian Federation as well as the development of evidence-based forensic recommendations for their investigation and prevention.

Keywords: youth violence, youth environment, school shooting, mass murders, criminalistics, educational institutions, forensic analysis, counteraction to school shooting, foreign countries.

The specifics of ethnic extremism in Russia

Pankina Inga Yurievna

Mission: currently, many phenomena that are manifested in society are acquiring signs that border, and in some cases even pass, into the concept of a crime. Migration flows that allow you to move from one territory to another carry the features of an ethnic character. If earlier the ethnic group was designated as a sign of the manifestation of the friendship of peoples, then at present it has turned into a real problem of an extremist nature. It is based on a complex of contradictions that arise between the individual, society and the state. It touches upon such problems of society as the problems of national and economic security, interethnic relations. In order to develop effective methods of combating this phenomenon, it is necessary to study the factors that are the basis for the spread of ethnic extremism, as well as improve the legal framework on this issue.

Methodology: dialectical method, analysis, synthesis, deduction, formal legal method, system method, situational modeling method.

Conclusions. The constant rise of xenophobia and extremism is currently a trend in Russia. In this regard, the suspension and prevention of such phenomena as ethnic extremism and xenophobia is no longer only the task of law enforcement agencies and scientific research, but also of the Russian society itself. Undoubtedly, scientists and practitioners are faced with the task of developing effective methods and means of combating this phenomenon. But this is not a task of individual, pinpoint “shots”. It is necessary to imagine such a state policy that would prevent the distortion and deformation of the consciousness of citizens, would not politicize the perception of an ethnos as a separate population with a special national perception. After all, having politicized the phenomenon of society, society itself develops a negative attitude towards this phenomenon. And this leads to further negative consequences that put pressure on the consciousness of citizens.

Scientific and practical significance. The author analyzed the phenomenon of ethnic extremism, proposed the concept of extremism, ethnic extremism, considered the systemic elements of ethnic extremism. All this allows us to assess the depth of the danger of this phenomenon. The formulated conclusions are of interest not only for law enforcement agencies, but also for executive authorities in general.

Keywords: extremism, ethnic extremism, interethnic relations, national identification, national intolerance, ethnic stereotypes.

Objective and subjective criteria for recognizing an act as insignificant in criminal law

Ignatovich Natalia Pavlovna

Mission: to consider doctrinal approaches to the interpretation of the category of insignificance of an act in the criminal law of the Russian Federation in terms of taking into account (or refusing to take into account) objective, subjective factors, as well as the characteristics of the personality of the person who committed the relevant act. Correlate the data obtained with explanations from the decisions of the Plenum of the Supreme Court, affecting the issue of insignificance. Based on the analysis, to deduce the circumstances that the courts should take into account when recognizing an act as insignificant and compare it with existing judicial practice. Explain the reason for the existing discrepancies in the application by the courts of part 2 of Article 14 of the Criminal Code of the Russian Federation and suggest possible solutions to this problem.

Methodology: induction, deduction, analysis, synthesis, analogy, comparative analysis, generalization, formal legal method.

Conclusions. There is no uniformity of judicial practice regarding the application by courts of part 2 of Article 14 of the Criminal Code of the Russian Federation, since there are significant discrepancies as to whether the following factors are subject to the resolution of the issue of recognizing an act as insignificant: objective and subjective signs, and in particular the characteristics of the personality of the person who committed the relevant act. The doctrine is dominated by the position that it is impossible to take into account the characteristics of a person. The decisions of the Plenum of the Supreme Court speak of the need to take into account both subjective and objective factors (and mainly quantitative and qualitative characteristics of the subject), the question of taking into account the identity of the defendant is not raised. Thus, it is concluded that it is necessary to develop a unified position on the issue of taking into account the personality when deciding whether to recognize an act as insignificant (moreover, it is more expedient to resolve the issue in favor of the fact that the personality should not be taken into account) in order to bring judicial practice to uniformity.

Scientific and practical significance. The question of the factors that should (and, on the contrary, should not) be taken into account when deciding on the recognition of an act as insignificant still remains open, since there is no consensus in the doctrine, and the legal formulation of the norm on insignificance does not allow avoiding contradictions in its application by the courts. This work is aimed at bringing together the doctrinal opinions and explanations of the Supreme Court and has great practical significance, as it is aimed at bringing judicial practice in the issue of recognizing an act as insignificant to uniformity.

Keywords: insignificance of the act, public danger, criminal law, personality characteristics, subject, object, subjective side, objective side, uniformity of law enforcement, the principle of equality.

Slander in the criminal law of the Russian Federation

Cyss Zinaida Alexandrovna

Mission: slander is a common act that harms both society and individuals. One of the goals of the work is to analyze the reasons why the rule providing for the criminal law prohibition of such an act as libel was first decriminalized, and after a short time it was re-criminalized, therefore, it is necessary to compare the editions of the rule at different times to identify changes. The purpose of the work is a complete analysis of the offense provided for in Article 1281of the Criminal Code RF to identify problems in qualifying the act. Special attention will be paid to the subject of the crime, in particular the victim. Analysis of the corpus delicti in comparison with judicial practice and statistics will allow to determine the changes necessary to eliminate problems in its application. For a more complete analysis, a comparison of the norm of Art. 1281 of the Criminal Code RF with related elements of the crime. With the help of this comparison, it is possible to identify similar provisions that will contribute to the specification of the norm, as well as to determine the presence of similar problems in qualification.

Methodology: the methodological set of the study is made up of various methods of cognition, among which one can single out the dialectical method, comparative analysis, deduction, induction, synthesis, systemic method, as well as such private law methods as comparative legal, formal legal.

Conclusions. At present, the norm establishing a criminal law prohibition of such an act as slander has several problems both in the disposition of the norm and in the sanction of the norm. The elimination of these problems will contribute to a more accurate application of the norm in practice, as well as more frequent use. Several changes have been cited, the adoption of which will contribute to the elimination of these problems. Also, a comparative analysis of related compositions showed their similarity with Article 1281 of the Criminal Code RF, which is why the qualification problems apply to these compositions, and therefore their specification is also necessary.

Scientific and practical significance. Defamation is a common phenomenon in modern society, so the legal ban on the commission of such an act should not contain inaccuracies that will lead to errors in qualification. The conclusions made in this paper contain recommendations for concretizing the norms of the Criminal Code, which should contribute to a more accurate and frequent application of the norms establishing the prohibition of such an act as slander.

Keywords: slander, criminal law prohibition, criminalization of an act, sanction, punishment, criminal liability, corpus delicti, honor, dignity, reputation.

Chapters from the book “Pastukhov Boris Nikolaevich” (series “Portrait against the backdrop of eras”)

Mission: to acquaint with the personality and legacy left by the outstanding politician and diplomat B.N. Pastukhov.

Methodology: citation.

Conclusions. Boris Nikolaevich Pastukhov, an outstanding politician and diplomat, was a member of the Central Committee of the CPSU and the Presidium of the Supreme Soviet of the USSR, a minister in the Soviet Union and the Russian Federation, chairman of a committee of the State Duma of Russia, received the Order of Lenin from the hands of L.I. Brezhnev, and “For Services to the Fatherland” — from the hands of V.V. Putin. In the above chapters from the book “Boris Nikolaevich Pastukhov. Portrait Against the Background of Epochs” Boris Nikolayevich himself, his children, friends and colleagues talk about his life.

Scientific and practical significance. The above text can be used in the study of the history of Russia in the 80–90s of the twentieth century.

Keywords: Afghanistan, withdrawal of Soviet troops from Afghanistan, Soviet embassy, USSR Ambassador, B.N. Pastukhov, Najibullah, Deputy Minister of Foreign Affairs of Russia, Li Peng, E.M. Primakov, B.N. Yeltsin, armed conflict in Transnistria, Nagorno-Karabakh conflict.