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CONTENTS 2021 No 3
CRIMINOLOGY
Kadnikov N.G. On the issue of organized corruption crime
Rednikova T.V. Countering environmental crimes in the Russian Federation: novelties of legal regulation
Degterev A.A. Features of the functioning of the modern political system in Russia: a criminologist’s view
CRIMINAL LAW
Chuchaev A.I., Gracheva Yu.V., Malikov S.V. Branches and sub-branches of the criminal cycle law: contrived constructions
Shamurzaev T.T., Kadyrov A.U Current state of criminal and criminal procedural legislation of the Kyrgyz Republic: advantages and disadvantages
SUMMER LAW SCHOOL AT THE UNIVERSITY OF POTSDAM
Mazulina S.A., Emelkina Ya.V. Use of coercive medical measures against persons suffering from mental and sexual disorders
Saddarova K.O. Compulsory medical measures in Russian criminal law
Nemashkalova D.Yu. Confiscation of property and its types under the criminal law of the Russian Federation
Ivanova E.S. Administrative supervision of persons released from places of deprivation of liberty: the main form of implementation and problems of administrative supervision
Serebrennikova A.V., Kuznetsov A.Yu., Mustafazade R.S. The system and functions of other measures of a criminal-legal nature in Russian criminal law
Ovchinnikova E.O. Compulsory educational measures according to the Criminal Code of the Russian Federation
Efimova D.P. Possibility of replacement of items subject to confiscation and compensation for damage caused to the rightful owner
Torak Iryna. Disqualification from exercising profession
StahlbergVictoria. Placement in an addiction treatment facility according to section 64 of the Criminal Code with a focus on the changes made by the reform
Köhler Laura. The preventive detention. (A presentation of the development of preventive detention with a focus on the years 1990 – 2011)
Jochim Felix. Supervision of conduct
Dornbusch Lea. Disqualification from driving as a measure of reform and prevention
MOSCOW CRIMINOLOGICAL PRACTICE
Meshcheryakova E.I. Corruption in secondary educational institutions
Roshchenko S.V. The phenomenon of a domestic violence victim
Makhmutova L.R., Semenova I.V. The phenomenon of romanticizing the personality of a school shooter among adolescents
INTERVIEW
Salamova S.Ya., Isaev M.R., Lykova K.D., Melnikova L.A., Sychikov D.S. Interview with Skuratov Yuri Ilyich, Doctor of Legal Sciences, Professor, Head of the Department of Constitutional and International Law of Gubkin Russian State University of Oil and Gas (NIU), Head of the Bureau of the Union of Criminalists and Criminologists
CHAPTERS OF OUR BOOKS
Skuratov Yu.I. Chapters from the book “Rocky Road of the Past”
CRIMINOLOGY
Kadnikov N.G. On the issue of organized corruption crime
Abstract
Mission. To analyze the practice of applying the criminal law in the field of combating corruption and to determine the scale of organized corruption activities in various areas of state power and management.
Methodology: dialectics, analysis, deduction, formal legal method, method of intersectoral legal research, comparative legal method.
Conclusions. Along with organized crime, it is necessary to distinguish such a variety as organized corruption crime, which is characterized by organized criminal communities and organized groups that commit corruption crimes in government and management bodies at the federal and regional levels. This is facilitated by lack of control, nepotism, cronyism, lack of competition and competitive replacement of positions, economic control by central authorities.
Urgent scientific research and the adoption of comprehensive measures, including legislative, organizational and economic, are required.
Scientific and practical significance. The significance of the scientific article lies in the need to emphasize the danger of organized corruption crime and the importance of more effective measures to counteract it.
Keywords: organized crime, corruption crimes, combating of the corruption, bribery, government and administrative bodies.
Rednikova T.V. Countering environmental crimes in the Russian Federation: novelties of legal regulation
Abstract
Mission: to analyze the changes in the norms of Chapter 26 of the Criminal Code of the Russian Federation over the past decade and their role in combating environmental crime in the country.
Methodology: formal legal method, comparative legal method, deduction, analysis.
Conclusions. Building an effective system for countering environmental crime is one of the priorities of state policy, which should be implemented in a complex in with the use of both general and special measures. Over the past decade, a number of changes have been made to the norms of Chapter 26 of the Criminal Code of the Russian Federation aimed at tightening the appropriate measures of criminal responsibility, as well as specifying the wording of individual formulations, which should have a positive impact on the practice of their application. Nevertheless, today the norms of the Russian criminal law still have a number of shortcomings, the elimination of which, along with the improvement of sectoral legislation, would increase their effectiveness in the fight against environmental crime.
Scientific and practical significance of the article consists in drawing attention to the need for simultaneous modernization of sectoral environmental and criminal legislation for its more effective application in the fight against environmental crime in the country.
Keywords: environmental protection, environmental crime, crime, natural resources, criminal encroachments, sanctions, criminal liability.
Degterev A.A. Features of the functioning of the modern political system in Russia: a criminologist’s view
Abstract
Mission. The political system of Russia is the most important sphere of the life of society, the state and every citizen. Starting from studying the school curriculum, and eventually participating in public organizations, associations, trade unions or political parties, etc., a person comprehends the world of politics. It is obvious that for its spiritual and intellectual understanding and perception, the rethinking and restructuring of the entire system of social and humanitarian sciences, among which criminal law occupies a rightful place, are of particular relevance. Today, it can be said that criminal law with all its acuteness stands up for the protection of the political system, forming a new look at the problems of forming political views. In this regard, it is important to determine the content, range of problems, institutions and phenomena that constitute the subject of encroachment on the political system. Over the past 30 years, Russia has been going through a period of radical breaking of the foundations of ideology, economic, political, social and spiritual life that developed during the previous Soviet era, their modernization in accordance with the needs of social progress and the achievements of modern civilization. In this regard, multi-vector efforts are being made, on the one hand, focused on borrowing and implementing the experience of organizing public life in Western Europe and the United States, on the other hand, a natural interest in Russia’s historical past is reviving, and the search for ways to implement advanced social technologies with national characteristics of Russia begins.
Methodology: dialectical method, analysis, synthesis, deduction, formal legal method, system method, method of intersectoral legal research.
Conclusions. These processes are complex and contradictory, including in this regard, the direction, nature, and pace of changes in the constitutional basis of state power in Russia, its legitimacy as the main power-ordering factors of all public life, its resistance to internal and external threats are important.
Scientific and practical significance. The article analyzes the elements of the political system of the Russian Federation in the historical perspective and their interrelationships, the author’s conclusions about the influence of the structure of the political system on public relations allow them to be taken into account in the criminological assessment of objects of criminal law protection, the identification of mechanisms of encroachments on it or its constituent elements, the need for criminalization and penalization of relevant socially dangerous acts and their prevention.
Keywords: political system, criminal-forming objects, legitimacy of state power, criminal law protection, vital activity of society, state, political views, implementation, social technologies, national peculiarities.
CRIMINAL LAW
Chuchaev A.I., Gracheva Yu.V., Malikov S.V. Branches and sub-branches of the criminal cycle law: contrived constructions
Abstract
Mission: to consider the current issues of branch formation in legal sciences. Recently, attempts have been made to justify the status of criminology as a branch of law, as well as the existence of such branches (sub-branches) of law as pharmaceutical criminal law, economic criminal law and criminal environmental law. The authors thoroughly analyze the opinions available on this issue and come to the conclusion that these normative formations are artificial; in relation to criminal law, one or a set of criminal law norms is declared as such without any justification for their recognition as a branch (sub-branch) of law. At the same time, their subject and method are not specified as necessary attributes of industry entities.
Methodology: analysis, synthesis, deduction, formal legal method, historical, dialectical, system methods, method of inter-branch legal research.
Conclusions: the approach according to which a particular set of criminal law norms is recognized as a branch (sub-branch) of law without any justification is not only wrong from the methodological perspective also contains a lot of possible negative consequences, including the division of a single branch of law into other branches (sub-branches) consisting of a certain set of criminal law norms of a Special part of the Criminal Code of the Russian Federation. The recognition of criminology as a branch of law distorts its essence as a social and legal science, ignores the criteria of branch formation.
Scientific and practical significance: based on the analysis of the arguments given in the theory about the formation of new branches of law and new sub-sectors, it is concluded that this approach is unconstructive. It blurs the lines between established theoretical positions, creates the illusion of enriching the theory of law in general and criminal law in particular with new knowledge. The formation of new sub-sectors should be conditioned by objective circumstances: the emergence of a new sphere of public relations and the presence of a system-forming core.
Keywords: branch of law, sub-branch of law, institute, legislation, branch formation, criminal law, pharmaceutical criminal law, economic criminal law, criminal environmental protection law, criminology, branch of science.
Shamurzaev T.T., Kadyrov A.U Current state of criminal and criminal procedural legislation of the Kyrgyz Republic: advantages and disadvantages
Abstract
Mission: to study topical issues of the Criminal, Criminal Procedure Codes of the Kyrgyz Republic and the Code of the Kyrgyz Republic on Misdemeanors that came into force in January 2019. To achieve this goal, it was necessary to solve the following tasks: to analyze the investigative and judicial practice, including the prosecutor’s supervision since the update of the criminal and criminal procedural legislation; identify problematic aspects of the current Codes from the point of view of protecting the rights and freedoms of participants in criminal proceedings; to substantiate the need for improvement, criminal-legal and criminal-procedural innovations that have been positively recommended in law enforcement practice.
Methodology: analysis, synthesis, deduction, dialectical method, comparative legal method, formal logical method, statistical method.
Conclusions. As a result of the study, the authors came to the conclusion that it is necessary to develop and adopt new criminal and criminal procedure codes with the basic norms of the Codes in the 1997 and 1999 editions, while leaving the institutions of the current codified acts that have been positively recommended in law enforcement practice.
Scientific and practical significance. The results of the study can be used to improve the criminal and criminal procedural legislation of the Kyrgyz Republic, in scientific research on this issue, as well as in the educational process. The results obtained can be used in the development of recommendations for law enforcement officers.
Keywords: pre-trial proceedings, unified register of crimes and misdemeanors, information log, protection of entrepreneurs’ rights, code, prosecutor’s supervision, misconduct, resocialization, investigative and judicial practice, tax evasion, customs duties evasion, economic smuggling.
SUMMER LAW SCHOOL AT THE UNIVERSITY OF POTSDAM
Mazulina S.A., Emelkina Ya.V. Use of coercive medical measures against persons suffering from mental and sexual disorders
Abstract
Mission. To consider current coercive medical measures applied to persons suffering from mental disorders and disorders of sexual preferences. To provide a historical analysis of the development of this legal institution. To investigate the reaction of the public to the methods of combating crimes committed by persons suffering from mental disorders.
Methodology: analysis, comparative legal method, formal legal method.
Conclusions. There has always been a special attitude towards persons with mental illnesses on the part of the criminal law. Nowadays, there is a clear legal regulation of the procedure for the use of coercive medical measures, including by international law, which does not allow the use of these measures as a political instrument of pressure.
Scientific and practical significance. The conclusions given in this scientific article allow considering the complexity of the issues of medical measures application to persons suffering from mental disorders and disorders of sexual preferences. Examples from judicial practice and theoretical conclusions may be useful for both law enforcement officials and medical professionals.
Keywords: coercive medical measures, mental disorders, disorder of sexual preferences, the public, crime.
Saddarova K.O. Compulsory medical measures in Russian criminal law
Abstract
Mission: to analyze the theoretical and practical aspects of the application of coercive medical measures and mandatory treatment in medical institutions.
Methodology: general scientific, dialectical method of cognition of social relations, method of analysis, synthesis, induction, deduction, formal logical method.
Conclusions. Currently, the criminal and criminal enforcement legislation does not explain how mandatory treatment should be carried out in relation to convicted persons. The results of the survey showed that people are not always able to distinguish between such mechanisms as mandatory treatment and coercive medical measures. At the same time, it is still necessary to distinguish these concepts, as legislators do in a number of Western states.
Scientific and practical significance. The scientific and practical significance of the article is determined by the possibility of using the conclusions in improving the penitentiary legislation, in the preparation and implementation of federal and regional programs, as well as in the development of methodological recommendations on the execution of punishment together with medical measures, monographs, teaching aids, textbooks and methodological materials for educational organizations, including universities of the Federal Penitentiary Service of Russia, in the study of such disciplines as “Criminal Law”, “Penal law”, “Criminology” in the system of advanced training of employees of the penitentiary system.
Keywords: compulsory treatment, compulsory medical measures, HIV infection, mental disorders, penitentiary systems.
Nemashkalova D.Yu. Confiscation of property and its types under the criminal law of the Russian Federation
Abstract
Mission: based on the analysis of legal acts, as well as the doctrine of criminal law, to consider the confiscation of property as another measure of a criminal law nature and its types.
In addition, the purpose of the work is to identify the differences between confiscation, as another measure of a criminal law nature, and criminal punishment, as well as to establish and describe the essential characteristics of the types of confiscation of property. The analysis of these categories is based on the provisions of the doctrine of criminal law and the regulatory requirements of the Criminal Code of the Russian Federation.
Methodology: general scientific (historical–legal method, analysis, induction, deduction, comparison, system method) and special–legal (formal–legal method, method of interpretation of law) research methods are used in the work.
Conclusions: Until 2003, confiscation of property was one of the types of punishment. Currently, the Russian legislator classifies confiscation as other measures of a criminal law nature. Confiscation differs from punishment in terms of purpose, content, grounds for application and legal consequences, and that is why it cannot be identified with criminal punishment. Confiscation in Russian criminal procedural law is a separate legal institution that is not identical to criminal law confiscation. Based on the norms of the Criminal Code of the Russian Federation and the doctrine of criminal law, it is necessary to distinguish between special general and special partial confiscation. In addition, there are all grounds for separating the confiscation of property on the basis of the presence or absence of ownership of the seized property, the subject of confiscation and the type of crime committed for which the confiscation was imposed.
Scientific and practical significance. The question of the correlation of other measures of a criminal law nature and punishment is still debatable. The significance of the study is due to the need to develop the doctrinal foundations regarding the confiscation of property.
Keywords: other measures of a criminal law nature, punishment, confiscation of property, forced seizure, criminal law, criminal procedural law, types of confiscation of property.
Ivanova E.S. Administrative supervision of persons released from places of deprivation of liberty: the main form of implementation and problems of administrative supervision
Abstract
Mission. This article discusses what constitutes administrative supervision, its forms of implementation and what gaps exist in the establishment of this supervision.
Methodology: general scientific, dialectical method of cognition of social relations, method of analysis, synthesis, induction, deduction, formal logical method.
Conclusions. it can be said that administrative supervision is necessary to prevent recidivism on the part of convicted persons, but at the same time, some reformation of this law is necessary to eliminate the existing gaps.
Scientific and practical significance. This article draws the attention of the legislator to the existing imperfections in this supervision. To further improve the Federal Law based on the findings of this article.
Keywords: administrative supervision, the implementation, the recurrence of the crime, gaps.
Serebrennikova A.V., Kuznetsov A.Yu., Mustafazade R.S. The system and functions of other measures of a criminal-legal nature in Russian criminal law
Abstract
Mission: Russian criminal legislation, as the legal consequences of the commission of socially dangerous acts, provides for the possibility of imposing not only punishments but also other measures of a criminal-legal nature (hereinafter referred to as other measures). However, the issue of the system and functions of other measures in the science of Russian criminal law is one of the most controversial, which gives rise to uncertainty in the attribution of various measures of criminal law to other measures provided for in the Criminal Code of the Russian Federation, the uncertainty of their legal nature and functions that these measures perform. The article presents a palette of positions on the problem under consideration and expresses the author’s position on the issue of referring the measures provided for by the criminal law to other measures of a criminal-legal nature.
Methodology: dialectical method, analysis, synthesis, deduction, formal legal method, system method.
Conclusions: other measures of a criminal-legal nature should include all measures of criminal-legal influence provided for by the Criminal Code of the Russian Federation, except for punishment.
Scientific and practical significance: at present, the doctrine of criminal law does not have an established position on the legal nature, system, and functions of other measures of a criminal law nature, which leads to the ambiguity of the scope of the concept of “other measures of a criminal law nature”, misunderstanding of the essence and purposes of applying a number of measures of criminal law impacts stipulated by the Criminal Code of the Russian Federation. The confusion that has arisen in the issue under consideration does not allow for the formation of a unified idea of other measures of a criminal-legal nature and does not contribute to the most effective application of the criminal-legal norms regulating them. The article concludes that other measures of a criminal-legal nature should include all measures of criminal-legal influence provided for by the Criminal Code of the Russian Federation, except for punishment. These include both forms of implementation of criminal liability and non-related criminal law measures. The scope of the concept of “other measures of a criminal-legal nature” is very wide (other than punishment, measures), which dictates the diversity of the measures under consideration in terms of their legal nature and intended purpose. It seems that the conclusion made may contribute to a clearer understanding of the system and functions of other measures of a criminal-legal nature and, on this basis, to their more effective appointment in practice.
Keywords: other measures of a criminal-legal nature, measures of correction and security, criminal liability.
Ovchinnikova E.O. Compulsory educational measures according to the Criminal Code of the Russian Federation
Abstract
Mission. This research article examines the practice of applying compulsory educational measures to juvenile offenders. The purpose of the research is to confirm the fact that it is necessary to develop and apply more in practice this legal institution, which plays the role of an important mechanism for the humanization of Russian criminal legislation.
Methodology: formal legal method, statistics.
Conclusions. The institution institute of compulsory educational measures is applied if it can be proved that a minor can improve. Educational measures serve as a substitute for real criminal punishment. This approach allows to study the personality of a teenager, their motives, and interests, as well as to make an individual plan of preventive work with a minor criminal. However, the use of educational measures in Russia has its own specifics. In particular, they are not often used in law enforcement practice, which significantly hinders the development of this institution.
Scientific and practical significance. The humanization of penal legislation and the activities of the penitentiary system is an important process in every developed State. The scientific article shows how the institute of compulsory educational measures is implemented in the Russian reality. It also justifies the need for its more active development.
Keywords: compulsory educational measures, juvenile delinquency, crime prevention, individual approach, humanization of criminal legislation, alternative to punishment.
Efimova D.P. Possibility of replacement of items subject to confiscation and compensation for damage caused to the rightful owner
Abstract
Mission: to identify the features of the confiscation of funds or other property instead of an item subject to confiscation, as well as to analyze the main problems of compensation for harm caused to the rightful owner.
Methodology: the article uses general scientific (analysis, synthesis, systematization) and private scientific (formal legal, comparative legal) methods.
Conclusions. The essence of confiscation has a mixed, special character, the duality of which is due to the introduction of amendments to the Criminal Code by the Russian legislator himself. Currently, its legal nature is established by Section VI of the Criminal Code of the Russian Federation and is defined as another measure of a criminal law nature. Art. 1042 of the Criminal Code of the Russian Federation performs a security function, and Art. 1043 of the Criminal Code of the Russian Federation establishes the procedure for implementing the compensatory function of criminal law. Separate cases related to the fate of property when it is transferred to a third party on a bona fide and reimbursable basis are not fixed by the Criminal Law. The unresolved issues of establishing the proportionality of the property to be replaced, as well as the claims of the legal owner for damages, are compensated for by clarifications of the relevant decisions of the Plenum of the Supreme Court of the Russian Federation.
Scientific and practical significance. The provisions of Art. 1042 of the Criminal Code of the Russian Federation on replacement allow us to conclude that it is necessary to supplement the list of circumstances that led to the impossible confiscation of property directly related to the commission of a crime. The legal technique of the norm on compensation for what is caused by a crime has an error in the mismatch between the concepts of damage in the title and harm in the content.
Keywords: criminal law, criminal code, other measures of a criminal law nature, confiscation, seizure, property, money, compensation for harm, legal owner, compensation.
Torak Iryna. Disqualification from exercising profession
Abstract
Mission. This work focuses on the disqualification from exercising profession according to section 70 ff. of the German Criminal Code. In particular, the prerequisites for the order are presented, as well as guidelines that are observed in the prognosis of danger and the proportionality test.
Methodology: formal-legal method, thorough research of essays, commentaries and other literature.
Conclusions. The disqualification from exercising profession is not applicable to all professions. Civil servants and notaries are excluded from this. Due to the occupation-restricting character of section 70 (1) of the Criminal Code and section 132a of the Code of Criminal Procedure, there must be a detailed justification for the order, which the court derives directly from the overall view of the offender and the act. This is indispensable in order to guarantee the offender effective control of the order. Overall, it can be said that the proportionality test comes in favour of the offender in most cases, although one cannot always hold firm assessment criteria. In addition, the court must specify concretely and in detail the scope of the prohibition in order to prevent the far-reaching impairment of the freedom of occupation under Article 12 GG.
Scientific and practical significance. The conducted research is to show that the professional ban is solely for the prevention and resocialization of the offender and not for the compensation of guilt.
Keywords: disqualification from exercising profession, prognosis of danger, section 70 ff. of the Criminal Code, abuse of professional practice, gross breach of duty, temporary/life-long disqualification from exercising profession.
Stahlberg Victoria. Placement in an addiction treatment facility according to section 64 of the Criminal Code with a focus on the changes made by the reform
Abstract
Mission. It is not uncommon for a measure of reform and prevention to be ordered in addition to a penalty of imprisonment. Such a measure is also the placement in an addiction treatment facility according to section 64 of the Criminal Code. The focus of this paper is not on the explanation of the individual prerequisites of the offense, but rather on the changes that have been made as a result of the reform. Therefore, after the prerequisites for the offense, the relevant changes within the framework of the reform are outlined. Subsequently, the reasons for the reform’s “failure” are explained. For the sake of completeness, some reform proposals are also considered.
Methodology: formal legal method and empirical method.
Conclusion. Even though some of the changes made initially appeared promising, for various reasons they were ultimately not enough to achieve the desired reduction. The “failure of the reform” is due to the fact that section 64 (sentence 2) is a sham discretionary norm. This results from the fact that the courts are “prescribed” exceptional cases in which they can refrain from placement. It must also be taken into account that according to section 67 (4) there is the possibility of offsetting the measure correctional institution against the sentence. Because of this, it has become the “defense counsel’s goal” to have the client placed even if this is not necessary in order to make the deprivation of liberty as “pleasant” as possible.
Scientific and practical significance. In practical terms, the issue is particularly significant for legislators. This results from the fact that despite the reform in 2007, the figures of placement have by no means decreased, they have increased. A new reform is urgently needed in order to actually achieve the reduction already targeted at that time. In addition to reform by the legislature, cooperation between correctional facilities and addiction treatment facilities is also needed to implement the reform in a targeted manner.
Keywords: measures of reform and prevention; figures of placement; reform; likelihood of success; sham standard; “defender’s objective”; legislature.
Köhler Laura. The preventive detention. (A presentation of the development of preventive detention with a focus on the years 1990 – 2011)
Abstract
Mission. The aim of the paper is to provide an insight into the measure of preventive detention. The historical development is discussed, as well as the most important court rulings and their effects. The measure is very controversial and is often criticized. This paper is intended to provide a neutral insight into the period from 1990 to 2011. During this period, the measure was reformed most frequently and was the subject of supreme court rulings. In the confusing matter of the measure, this paper should be able to form a guide, if one deals more deeply with the preventive detention, or a mere overview would like to be obtained.
Methodology: analysis of development.
Conclusion: Preventive detention is one of, if not the most, controversial measure in German criminal law. Its purpose and effectiveness is often disputed, its genesis and development is particularly interesting.
Scientific and practical significance. Preventive detention is an extremely comprehensive subject. This paper is intended to provide a clear introduction to the field of preventive detention.
Keywords: preventive detention, judgement, dangerous offenses.
Jochim Felix. Supervision of conduct
Abstract
Mission. The subject of the paper is the presentation of existing concerns and criticism regarding the supervision of conduct according to section 61 No. 4 of the Criminal Code. The focus is on the aspects of the threat of punishment under section 145a of the Criminal Code, the judicial order under section 68 (1) of the Criminal Code, the full sentence under section 68f of the Criminal Code and the lack of means of the supervision of conduct. To introduce the topic, the fundamental points of supervision are first discussed.
Methodology: formal-legal method.
Conclusions. Supervision of conduct is a functional measure when applied correctly. It is now recognized as a criminal sanction, but it still has weaknesses. In particular, sufficient financial resources should be made available so that supervision of conduct can function as an effective institution.
Scientific and practical significance. The presentation shows that the existing criticism of supervision is justified on the one hand and can be largely eliminated on the other hand. The presentation of the existing deficiencies is intended to raise awareness of the problem.
Keywords: supervision of conduct; penalty for violation of directions; section 145a; court order; full sentence; section 68f; lack of resources.
Dornbusch Lea. Disqualification from driving as a measure of reform and prevention
Abstract
Mission: Disqualification from driving pursuant to section 69 ff. Criminal Code can be a justified measure of reform and prevention in order to exclude unsuitable drivers from road traffic and thus to ensure road safety for the general public. To achieve this purpose, it is necessary to examine the individual requirements of section 69 (1) of the Criminal Code in detail. The aim is to discuss these prerequisites in the following and to derive the justification of the measure of disqualification from driving on the basis of this.
Methodology: empirical method, formal-legal method.
Conclusion: The existence of all the requirements of section 69 (1) of the Criminal Code means that the measure of disqualification from driving can be ordered. Since a comprehensive examination of the circumstances of the offense, in particular the personality of the offender, is carried out in the course of determining the requirements for the revocation of the driver’s license, the ordering of the measure is appropriate. Taking into account the traffic-specific context, there is nothing to prevent justification. The measure is unjustified if a superficial consideration of all preconditions is carried out.
Scientific and practical significance: The introduction of the measure of disqualification form driving in the German Criminal Code in 1952 is due to the fact that traffic accidents were increasingly occurring. Due to the increase in motorization and the associated traffic accidents, the intention was to establish safety in road traffic through these measures. Today, from the point of view of criminal policy, the measure of revoking a driver’s license is the most frequently imposed measure. This is confirmed by results from the year 2019, in which the disqualification from driving comprised 95.6% of the sentenced disciplinary measures. Especially in today’s traffic environment, it is important to protect the general public from unfit drivers.
Keywords: unfitness; period of disqualification; catalogue offenses; noncatalog offenses; related offense; traffic-specific connection.
MOSCOW CRIMINOLOGICAL PRACTICE
Meshcheryakova E.I. Corruption in secondary educational institutions
Abstract
Mission: despite real active anti-corruption policies of the Russian Federation, corruption crimes still exist even in secondary general education institutions. Methodologies of intervention into cases of corruption crimes are not sufficiently effective to meet various challenges that these crimes involve. Vast scientific research, many local enforceable legal acts, and varied foreign experience have not been sufficient enough to improve the situation. Hence, the delicate questions of reform of public policies and adoption of new methods of solving the problem are very relevant. This paper presents a non-standard view on the issue, where particular attention is paid to detrimental effects on minorities which represent the future of the Russian Federation. The research also aims to further explore the factors that influence promotion of tolerant public attitude towards corruption. The reader is invited to defining acts which is not regulated by the Penal Code as illegal. Finally, this report analyses the existing mechanisms against corruption in secondary general education institutions and proposes the new ones.
Methodology: dialectical method, analysis, synthesis, deduction, formal legal method, system method, method of intersectoral legal research.
Conclusions. Corruption is a complex phenomenon. Despite diverse methods to counteract corruption, they are not effective enough to eliminate it completely. As a result, there is a need for countering corruption and preventing corruption-involved crimes. This is of special importance in secondary general education institutions.
Scientific and practical significance: the authors have been dealing with this problem more recently, leading the state of scientific research to look at the problem of corruption from a different perspective and help to find a new viewpoint on the matter of corruption to all interested parties. The article seeks to bring impact on the improvement of methodologies of intervention into criminal cases and anti-corruption policies of the State. Moreover, the research inspires the federal legislator to reflect on and suggest an item for discussion to criminologists.
Keywords: corruption, bribe, offeror, recipient, educational institutions, corruption crimes, economic crimes, definition of the crimes, countering corruption, criminology.
Roshchenko S.V. The phenomenon of a domestic violence victim
Abstract
Mission: to study the personality of a victim of domestic violence, the causality of the behavior as a result of which a woman becomes a victim, the international and Russian legal norms, the work of centers for assistance to victims of domestic violence.
Methodology: analysis, system method, method of intersectoral legal research, interrogation.
Conclusions. In the Russian Federation, there is a high level of domestic violence, a low level of legal protection, and an insufficient number of assistance centers for victims of domestic violence.
Scientific and practical significance. The research of the identity of the victim of domestic violence will help to determine the causes of dependence on the aggressor and develop preventive measures, as well as draw the state’s attention to the problem of domestic violence and the victim’s vulnerability.
Keywords: victim, domestic violence, victim of violence, criminal responsibility, criminal law, spousal assault, actual bodily harm, aggression, types of violence, murder.
Makhmutova L.R., Semenova I.V. The phenomenon of romanticizing the personality of a school shooter among adolescents
Abstract
Mission: among the cases of school shooting (attacks of students in educational institutions with the use of weapons), there has recently been a sad trend towards their increase and spread.
Unfortunately, incidents in one way or another related to violence often occur in schools – bullying (bullying), interpersonal conflicts, etc. However, school shooting has its own specific features that allow it to be distinguished from similar concepts.
In this research work, the main characteristics of this phenomenon, the reasons why adolescents romanticize such illegal behavior, as well as the motives of individuals who create and join communities that support school shooters, were considered.
To form a more complete picture of this problem, we conducted two surveys – among students of educational institutions and among their employees, and also studied several interviews with psychologists and the direct creators and participants of “columbine communities”.
The purpose of our work was to establish the reasons for the romanticization of school shooters, to identify what guides people who create online communities dedicated to shooters, despite the fact that they kill people, inflict physical and psychological injuries on them.
Methodology: dialectical method, analysis, synthesis, statistical observation.
Conclusions: the phenomenon of romanticization concerns not only the ideology of school shooting and the school shooter itself, but also negative characters in general. It is determined by the desire to understand the motivation of the actions of villains and the study of the dark side of one’s own “I”. During adolescence, people go through certain emotional problems, and everyone deals with them differently. The impact of destructive, depressive, suicidal content can lead to adverse consequences. Columbine communities are a prime example of this, which contribute to the formation of a distorted worldview of their audience. However, many teenagers (including the creators of these communities) aim to find those who have similar problems and experiences. From this follows the conclusion that joining such communities does not yet indicate a firm intention to commit a crime, but it is worth paying attention to such signs.
Scientific and practical significance: The popularization of negative characters has long been common in cinematography and literature. But it is worth considering what the romanticization of school shooters can lead to, how it affects the psyche of adolescents. The opinion about the exclusively harmful influence of columbine communities is prevailing in society. In our research, we found that the majority of teenagers join these online communities not because they share the ideology of the shooters, but because they feel lonely and find like-minded people there who know their feelings. Thus, the conclusions drawn draw public attention to the problems of socialization of adolescents, the lack of necessary attention and participation of parents.
Keywords: school shooting, bullying, contemporary issues, teenagers, school shooter, columbine communities, columbiner, antagonists.
INTERVIEW
Salamova S.Ya., Isaev M.R., Lykova K.D., Melnikova L.A., Sychikov D.S. Interview with Skuratov Yuri Ilyich, Doctor of Legal Sciences, Professor, Head of the Department of Constitutional and International Law of Gubkin Russian State University of Oil and Gas (NIU), Head of the Bureau of the Union of Criminalists and Criminologists
Abstract
Mission: transfer of accumulated experience and knowledge. The Moscow Criminological Practice of O.E. Kutafin University (MSAL) organized a series of meetings between students and prominent scientists who have made a major contribution to the development of the legal sciences. One of these meetings was with a Russian lawyer and politician, Doctor of Law, Professor, former Prosecutor General of the Russian Federation Yu.I. Skuratov.
Methodology: Interview.
Conclusions. The interview, conducted by S.Ya. Salamova, Head of Moscow Criminological Practice of O.E. Kutafin University (MSAL), with students at the Institute of procuratorship of MSAL, allowed learning interesting biographical facts of his life, difficulties he faced while working in the General Prosecutor’s Office, his opinion on the current status of the Prosecution, his creative plans. Many other important and interesting issues were discussed. The students received professional advice which will help them in their studies and future practice.
Scientific and practical significance. The results of the interview may be used in the study of constitutional law, prosecutor’s supervision, and other legal sciences in higher education institutions.
Keywords: interview, legal education, procuratorship, criminology room, science, scientific research.
CHAPTERS OF OUR BOOKS
Skuratov Yu.I. Chapters from the book “Rocky Road of the Past”
Abstract
Mission: to transfer the accumulated experience and knowledge, to acquaint with the legacy left by a prominent scientist who made a serious contribution to the development of jurisprudence.
Methodology: citation.
Conclusions. Chapters from the book of a Russian lawyer and politician, Doctor of Legal Sciences, Professor, former Prosecutor General of the Russian Federation Yu.I. Skuratov “Rocky Road of the Past” made it possible to learn interesting biographical facts about the author’s life, the difficulties he faced while working in the Prosecutor General’s Office, and his opinion about the criminal world and corruption in Russia. The book is dedicated to finding answers to the age-old Russian question: what to do to correct the most difficult crime situation in our country.
Scientific and practical significance. The text can be used in the study of the history of Russia and Russian jurisprudence in the 90s of the 20th century.
Keywords: procuratorship, prosecutor, corruption, organized crime, history of jurisprudence, legal science.