Artigos de revistas sobre o tema "Punishment – russia (federation) – history"
Siga este link para ver outros tipos de publicações sobre o tema: Punishment – russia (federation) – history.
Crie uma referência precisa em APA, MLA, Chicago, Harvard, e outros estilos
Veja os 50 melhores artigos de revistas para estudos sobre o assunto "Punishment – russia (federation) – history".
Ao lado de cada fonte na lista de referências, há um botão "Adicionar à bibliografia". Clique e geraremos automaticamente a citação bibliográfica do trabalho escolhido no estilo de citação de que você precisa: APA, MLA, Harvard, Chicago, Vancouver, etc.
Você também pode baixar o texto completo da publicação científica em formato .pdf e ler o resumo do trabalho online se estiver presente nos metadados.
Veja os artigos de revistas das mais diversas áreas científicas e compile uma bibliografia correta.
1
Гришко, Александр Яковлевич. "Crime and punishment in the history of Russia and “War and Peace”: a review of the monograph by A. V. Naumov “Crime and Punishment in the History of Russia” (in 2 pt., 2nd ed., revised and enlarged. Moscow, 2021. Pt. 1. 704 p. Pt. 2. 640 p.)". Vestnik Kuzbasskogo instituta, n.º 2(47) (25 de junho de 2021): 181–84. http://dx.doi.org/10.53993/2078-3914/2021/2(47)/181-184.
Texto completo da fonteResumo:
Статья представляет собой рецензию на монографию известного ученого в сфере юридической науки, доктора юридических наук, профессора, заслуженного деятеля науки Российской Федерации А. В. Наумова «Преступление и наказание в истории России». Данная книга в своем втором издании еще в большей мере раскрывает историю российского государства через историю преступления и наказания в России. Отмечаются актуальность, комплексность и глубина проведенного исследования, его высокий научно-теоретический, методологический уровень, теоретическая и практическая значимость. The article is a review of the monograph of the famous scientist in the field of legal science, doctor of law, professor, Honored Scientist of the Russian Federation A. V. Naumov “Crime and Punishment in the History of Russia”. This book in its second edition reveals even more the history of the Russian state through the history of crime and punishment in Russia. The relevance, complexity and depth of the study, its high scientific-theoretical, methodological level, theoretical and practical significance are noted.
2
Vorobyova, Alina Viktorovna. "Institute of punishment in Russian criminal law: essence, history of formation". Current Issues of the State and Law, n.º 10 (2019): 215–23. http://dx.doi.org/10.20310/2587-9340-2019-3-10-215-223.
Texto completo da fonteResumo:
The problems associated with the functioning of the institution of punishment in the criminal law of the Russian Federation at the present stage require careful research, legal regulation and scientific justification in order not only to study the experience of previous historical aspects of the implementation of this phenomenon, but to realize its main purpose - to bring the perpetrators to justice, to deserved punishment, observing the requirements of fair retribution. Legislative acts of the pre-revolutionary era did not contain the concept of punishment, but the list of punishment types was quite wide. The process of theoretical normative provisions and generalization of judicial practice of criminal law formation resulted in the concept of punishment as a measure of coercion applied by the state on the basis of a court sentence and on the basis of the law to persons found guilty of a criminal act and containing an expression of a negative assessment of criminal activity. At the present time, taking into account the historical conditions, observing multidirectional trends in order to improve the criminal punishment system development efficiency, it is necessary to take into account the set of new scientific achievements in this field, judicial practice and many other factors that will also help the courts to adequately apply the existing arsenal of penalties. The criminal law Institute of punishment should solve the leading task, the implementation of the criminal responsibility justice, expressed in the imposition of punishment corresponding to the nature and degree of social danger of the committed act, as well as the personality of the perpetrator and objectively meeting the goals established by law. In this case, it acts as a powerful, deterrent, preventive factor.
3
Хармаев, Юрий, e Yury Kharmaev. "ON THE REFORM OF CRIMINAL SANCTIONS IN THE DRAFT OF THE NEW CRIMINAL CODE OF MONGOLIA". Journal of Foreign Legislation and Comparative Law 3, n.º 3 (10 de julho de 2017): 77–79. http://dx.doi.org/10.12737/article_593fc343bd0597.85858738.
Texto completo da fonteResumo:
The author points out the peculiarities of the reform of the criminal legislation of Mongolia. In July 2017 it is planned the adoption of the new Criminal Code of Mongolia, in this regard, it is interesting to observe what are the trends of changes in the Institute of criminal sanctions of neighboring state, considering that the Russian Criminal Code in recent years is also subject to frequent changes and additions. Mongolia borders to Russia from the South-East and its history, culture, politics are closely intertwined with the population of such regionsof the Russian Federation as Buryatia, Irkutsk oblast, Tuva, ZabaykalskyKrai, so it is always interesting to observe the changes taking place there. It should be noted that in Europe the rejection of the cruelty of execution and application of penalties has fallen to XIX century, whereas the national legislation of Mongolia is changing in the humanistic direction in recent years. Due to the similarity of legal systems of Russia and Mongolia, it should be paid a particular attention to the reforming features of the national legislation of the neighboring border states, including in search of the most effective means of combating crime. Changes and improvements of the criminal legislation of Mongolia, including the penal system, in the author’s opinion, will provide food for thought and certain experience for the Russian legislator and law enforcers. In particular, the arrestas a form of criminal punishment which is not being performed in Russia so far since the present Criminal Code had entered into force, following the example of Mongolian colleagues, can simply be excluded from the list of punishments, it is enough to change the lower limit of imprisonment from 2 months, for example, up to 10 days.
4
Vinogradova, E. V. "RUSSIAN CONSTITUTIONAL IDENTITY. THE DEATH PENALTY, AGAINST AND... AGAINST". Вестник Пермского университета. Юридические науки, n.º 1(55) (2022): 22–47. http://dx.doi.org/10.17072/1995-4190-2022-55-22-47.
Texto completo da fonteResumo:
Introduction: the adoption of amendments to the Constitution of the Russian Federation in 2020 necessitates the study of constitutionally significant values that shape the Russian identity. Among these values are the historically formed state unity, the history of the country, the uniqueness of its cultural heritage. In the light of guarantees of continuity in the development of the Russian state, it appears relevant to provide analysis of one of the fundamental human rights – the right to life, through the prism of historical, philosophical, legal concepts of the Russian judicial system and judicial process. The refusal to use the death penalty, which has opened new pages for the justice system of modern Russia, makes it essential to provide scholarly reflection on the necessity, possibility, and admissibility of forming a new constitutional and legal space in the Russian Federation that ensures the observance of human and civil rights and freedoms. Purpose: to identify the specific features of legal regulation of the use of the death penalty in modern Russia; to establish in what way the refusal to impose death sentences was conditioned not only by the obligations of the Russian Federation under international law but also by domestic legitimation based on established traditions following from constitutional identity. Methods: dialectical, culturological, general historical, sociological, dogmatic methodological approaches were applied in the study of the conditionality of the refusal to use the death penalty by the Russian constitutional identity; in the analysis of legal doctrines, legislative projects, and normative legal acts, the following methods were employed: general scientific methods (system-structural and formal-logical, inductive and deductive), special legal methods (historical-legal, comparative-legal, and formal-legal) as well as the method of interpretation. Results: the paper shows the influence of constitutional provisions on the decision to ban the imposition of death sentences; presents investigation into the norms of Russian criminal law, which imposes a ban on acts for which the sanction of the relevant criminal law norm establishes punishment in the form of the death penalty; traces the evolution of the institution of jury trial in Russia, to which, in accordance with constitutional regulations, a person to whom this type of punishment may be applied has the right. Conclusions: the assessment of the legal aspect of Russia's refusal to use the death penalty based on the analysis of normative acts allows the author to confirm the thesis that Russia's decision to abolish the death penalty, taken under the influence of modern international trends in the law of European countries, over time has become part of the Russian legal system, which strengthened the Russian constitutional identity. This has been due to the justice system being created in modern Russia, based not only on the principles of European models of the judicial system but in large part having the roots in the state system that has developed over centuries and determines a decent attitude to human rights and freedoms, including the person’s right to life.
5
Arkhipov, Andrey V. "THE HISTORY OF THE DEVELOPMENT OF LEGISLATION ON LIABILITY FOR FRAUD IN RUSSIA". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n.º 40 (2021): 12–20. http://dx.doi.org/10.17223/22253513/40/2.
Texto completo da fonteResumo:
The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.
6
Senatova, Ekaterina V., e Svetlana N. Chudakova. "The Round Table The Administrative, Legal, Organizational and Supervisory Aspects of Functioning of Institutions and Authorities of the Penal System of the Russian Federation on the Modern Stage". Administrative law and procedure 2 (24 de fevereiro de 2022): 82–85. http://dx.doi.org/10.18572/2071-1166-2022-2-82-85.
Texto completo da fonteResumo:
The article is devoted to the work of the round table “Administrative, legal and organizational and supervisory aspects of the functioning of institutions and bodies of the penitentiary system of the Russian Federation at the present stage” punishment, correction “. The participants of the round table, the questions brought up for discussion, and the most striking reports are presented.
7
TROFIMOVA, NATALIA N., e ALEXEY S. TIMOSCHUK. "Chrono-discrete monogeographic comparative jurisprudence on the example of the penal system of the Russian Federation". Vedomosti (Knowledge) of the Penal System 229, n.º 6 (2021): 16–31. http://dx.doi.org/10.51522/2307-0382-2021-229-6-16-31.
Texto completo da fonteResumo:
The article analyzes the possibilities of the methodology of the school of chrono-discrete monogeographic comparative jurisprudence in relation to the penal policy, which is considered in the context of the Soviet period of modernization of Russia. The subject of the article is the arrays of social and legal information in the field of the criminal law, the history of the penitentiary system, the history of the establishment of public control institutions, the genesis of the Russian language in the political and legal sphere. The purpose of the study is to demonstrate that the penitentiary policy is of a chrono-discrete nature, which is due to the peculiarities of Russia's civilizational backwardness at the early 20th century and the requirements of catching-up modernization of its technological structure. The methodological basis of the study was a chrono-discrete monogeographic comparative legal approach, which, in addition to the wellknown comparative, historical, formal legal types of analysis, proceeded from the following research attitudes and assumptions: 1) the object is taken in the same topology, but in different periods; 2) the scholar believes that there is a chronological gap in socio-legal and political processes. As a result of the work carried out, national characteristics in the evolution of penitentiary policy from the end of the 19th to the end of the 20th centuries were studied. A retrospective analysis of the penal policy humanization is presented and the reasons for the Soviet chronopause in the observance of human rights are named, the historical heterodynamics of the penal system in the system of state and law is substantiated. Problems of interaction of the penitentiary system with civil society institutions are implicitly touched upon. It is concluded that the current humanistic trend in the development of the penal system is a natural continuation of the penitentiary reforms of the 19th century, continued after the necessary socio-technological modernization of Russia, carried out by the Bolshevik party. Key words: penal system, punishment, time gap, chronopause, chrono-discrete monogeographic comparative legal approach (HMSP), industrialization, modernization, nonlinear cliodynamics
8
Baybarin, Andrey Andreevich, Maria Ivanovna Sinyaeva, Alina Igorevna Levchenko, Dina Nikolaevna Sadchikova e Azamat Tynyshtykbayevich Aldabergenov. "Correctional labor as an alternative to imprisonment in modern problems of punishment assignment". SHS Web of Conferences 108 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202110802003.
Texto completo da fonteResumo:
The global practice has shown many times that the primary means of struggling with criminality over the entire history of the civilized society is punishment. The modern legislator is constantly striving to improve its types by following global trends in its regulation, assignment and use. Efficiency of labor influence over the convict makes us pay a special attention to punishments suggesting mandatory labor nurturing. One of such punishments is correctional labor whose relevance of research is caused by the interest of the international society to use measures alternative to imprisonment. Despite the fact that legal systems of some foreign countries envisage and widely use punishments whose various characteristics are similar to domestic correctional labor, the Russian experience of their regulation and use can be useful, due to their specific nature, and interesting to any modern state, because the issue of implementing a rich potential of penology is especially relevant these days. At the same time there are significant issues in assignment of correctional labor, which area caused by imperfect construction of law. Research purpose is to study urgent issues of assigning correctional labor as an alternative to imprisonment in the Russian legal system. Methods: the analysis method allowed for characterization of specific features of assigning criminal punishment in the form of correctional labor and revealing primary problems in this area. The comparative method was used to collate specifics of correctional labor and probation. The prediction method helped defining perspectives to eliminate the identified disadvantages. An alternative mode of correctional labor has been criticized; measures have been offered to improve the legislative regulation of correctional labor within Article 53.1 of the Russian Federation Criminal Code.
9
Popova, Natalia F. "Opportunities of Administrative Coercion Measures for the Protection of the National Security of the Russian Federation". Administrative law and procedure 3 (10 de março de 2022): 32–35. http://dx.doi.org/10.18572/2071-1166-2022-3-32-35.
Texto completo da fonteResumo:
The article shows the role of administrative coercion measures that are used to prevent such threats to national security as the consequences of emergencies at hazardous production facilities and non-compliance with the requirements for their anti-terrorist protection. The measures of administrative warning, suppression and punishment, which are used by authorized entities to neutralize these threats, are disclosed.
10
Ukhatkin, A. R., e N. A. Dmitrienko. "Features of criminal liability of minors". ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ 105, n.º 8 (2024): 144–46. http://dx.doi.org/10.18411/trnio-01-2024-418.
Texto completo da fonteResumo:
This article examines the criminal liability of minors, according to the Criminal Code of the Russian Federation. The norms of the criminal law establish the age limits of responsibility for crimes committed by minors, including consideration of the grounds for their release from criminal punishment. According to the results of the work, it was found out that the court has the right to impose on a person under the age of 18 educational measures, in addition to criminal punishment.
11
Цапанова, Светлана Сергеевна. "FACTORS INFLUENCING THE SYSTEM OF CRIMINAL PENALTIES IN THE CONTEXT OF THE INTRODUCTION OF MARTIAL LAW". Vestnik Samarskogo iuridicheskogo instituta, n.º 4(50) (10 de dezembro de 2022): 56–62. http://dx.doi.org/10.37523/sui.2022.50.4.009.
Texto completo da fonteResumo:
В современных условиях нельзя исключать возможность ведения военных действий. Мировой и отечественной истории известны примеры войн, которые длились как менее часа, так и более ста лет. Система уголовных наказаний России на различных исторических этапах претерпевала определенные изменения. В настоящее время взят устойчивый курс на применение уголовных наказаний, не связанных с лишением свободы. В статье анализируется, могут ли данные виды наказания быть реализованы в полном объеме в условиях военного времени. Автор обращает внимание на необходимость объединения всех ресурсов во благо достижения цели военного положения, которая главным образом заключается в отражении и предотвращении агрессии против Российской Федерации. В заключение сделан вывод о том, что на функционирование системы уголовных наказаний оказывают влияние множество факторов различного характера, которые при наступлении чрезвычайных условий временно изменяют ее, а также о целесообразности выработки механизма применения уголовных наказаний в условиях введенного режима военного положения. In modern conditions, the possibility of conducting military operations cannot be ruled out. World and national history knows examples of wars that lasted less than an hour or more than a hundred years. The system of criminal penalties in Russia has undergone certain changes at various historical stages. At present, a steady course has been taken towards the application of criminal penalties not related to imprisonment. The article analyzes whether these types of punishment can be fully implemented in wartime. The author draws attention to the need to combine all resources for the benefit of achieving the goal of martial law, which mainly consists in repelling and preventing aggression against the Russian Federation. In the conclusion, it is concluded that the functioning of the system of criminal punishments is influenced by many factors of a different nature, which temporarily change it upon the onset of emergency conditions, as well as the advisability of developing a mechanism for the application of criminal punishments under the conditions of the imposed martial law regime.
12
Shimanovich, Elizaveta. "The possibility of taking into account the perpetrator’s repentance of a committed crime as a circumstance mitigating the punishment". Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, n.º 2 (29 de junho de 2023): 157–62. http://dx.doi.org/10.35750/2071-8284-2023-2-157-162.
Texto completo da fonteResumo:
Introduction: Through the study of 500 convictions handed down by various courts of first instance from 2016 to 2020, the author found that the mitigating circumstance “repentance for the deed”, applied by the courts on the basis of Part 2 of Art. 61 of the Criminal Code of the Russian Federation is taken into account more often than those indicated in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation. In this regard, the article analyzes the history of occurrence of the considered mitigating circumstance in the regulatory legal acts of the pre-revolutionary and Soviet periods, raises the question of the possibility of its inclusion in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation, as well as of the establishment of criteria for the application of this mitigating circumstance.
Research methods: The article is based on general scientific (analysis, synthesis and formal-logical) and special (formal-legal, historical, statistical, questionnaire method) research methods.
Research results: The author of the article comes to the conclusion that the mitigating circumstance «repentance for the deed» should be taken into account by the courts in cases where the perpetrator confirmed his repentance by positive post-criminal behavior, and only when he had not previously committed similar crimes (had not been convicted or released due to non-rehabilitating circumstances from criminal liability). In this case, there is no need to include this mitigating circumstance in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation.
13
Frolova, Elena V. "Human Rights and Humanization of the Execution of Punishments in the History of Western Siberia". Historijski pogledi 7, n.º 11 (6 de outubro de 2024): 118–33. http://dx.doi.org/10.52259/historijskipogledi.2024.7.11.118.
Texto completo da fonteResumo:
The purpose of the study is to compare the Prison Reform of 1879 carried out in Russia with the requirements of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations in 1955. The study was conducted on the example of the Tobolsk prison complex of the late XIX – early XX centuries, based on practically achieved results. The sources of the study were the materials of the State Archives of the Tyumen, Omsk, Tomsk regions, as well as the State Archives of the Russian Federation. The methodological basis of the study combines two approaches: modernization and civilizational, using two methods: comparative historical and actualization. The scientific novelty of the work lies in a new look at the Prison Reform of 1879 through modern European standards of the rights of prisoners. The results of the Prison Reform of 1879 were compared with the requirements of the UN on the following grounds: prohibition of discrimination, protection of religious rights, compilation of a register of prisoners, their breakdown into categories, sanitary conditions and nutrition, education, libraries, recreation, work and work of prison inspections. The comparison showed that at the turn of the XIX – XX centuries, the Tobolsk prison complex (“Prison Castle”) was an advanced penitentiary institution of that time, not only generally conforming to European standards of the mid-XX century, but partly surpassing them. The Russian government planned to extend the achieved experience to other places of detention, but the process was interrupted by the revolution of 1905-1907. The results of the study showed that in Russia, the humanization of imprisonment was based not only on the principles of utility and rationalism, but in many respects – on Orthodox ideas of mercy, therefore, initially coincided with future European standards. Meanwhile, some reform measures turned out to be premature, as they were carried out in conditions of exceptional poverty of the rest of the Russian people and the absence of the concept of “human rights” in their lives. This contradiction became one of the links in the system of socio-economic problems that eventually led Russia to revolution.
14
Pylypenko, Volodymyr. "Russian Genocide in Ukraine as an Attempt to Destroy the Ukrainian Nation". Review of European and Comparative Law, Special Issue (22 de dezembro de 2023): 77–88. http://dx.doi.org/10.31743/recl.16607.
Texto completo da fonteResumo:
The article assesses the recent and ongoing criminal acts of the Russian Federation in terms of their compliance with existing international crimes, in particular with the crime of genocide, with the aim of correct criminal-law qualification. It provides an analysis of actus reus of genocide as an international crime under the Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter: Convention). The illegal action of the Russian Federation is analysed in the context of the so-called “denazification,” as the main goal of the full-scale aggression of Ukraine. The author attempts to show the distinction between the groups protected by the aforementioned Convention and the term “Nation,” which seems to have much broader sense. The author also concludes that the actus reus of the Russian perpetrators is not aimed solely at the destruction of any of the groups of the Convention, but actually at the destruction of the Ukrainian nation, its culture, language, history and statehood. In this context, the views of Raphael Lemkin, the founder of the concept of genocide as an international crime, are analysed. The necessity of international legal qualification of the actions of the Russian Federation as a new international crime has been substantiated and its conditional name – “natiocide” is proposed.
15
Golovastova, Yuliya, Tat’jana Vidova e Julija Mitjaeva. "Legal status of foreign citizens in the execution of criminal penalties: history, current state, development prospects". Penal law 18, n.º 1 (22 de setembro de 2023): 60–74. http://dx.doi.org/10.33463/2687-122x.2023.18(1-4).1.060-074.
Texto completo da fonteResumo:
The article discusses the peculiarities of the application of Russian penal enforcement legislation in relation to a special specific category of convicts - foreign citizens. In the course of the research, general and special methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. Attention is drawn to the development of the penal status of foreign citizens since the XVII century. The paper notes that the process of execution of criminal penalties with the participation of foreign persons has peculiar features. The authors come to the conclusion that the need to improve the legal regulation of the penal enforcement status of convicted foreign citizens makes it possible to propose the introduction of an additional measure of punishment in relation to the category of convicts under study - the criminal expulsion of foreign citizens from the Russian Federation.
16
Skoblikov, P. A. "Criminal Liability for Assisting in the Execution of Decisions of International Organizations in which the Russian Federation does not Participate". Actual Problems of Russian Law 19, n.º 4 (20 de março de 2024): 129–41. http://dx.doi.org/10.17803/1994-1471.2024.161.4.129-141.
Texto completo da fonteResumo:
In May 2023, Article 284.3 of the Criminal Code of the Russian Federation came into force that declared criminal offense for «assistance in the execution of decisions of international organizations in which the Russian Federation does not participate, or foreign government bodies.” The syntactic construction chosen by the legislator does not make it possible, using a literal interpretation, to unambiguously determine the range of actions the commission of which entails criminal punishment. The history of the emergence and approval of the initiative to include Art. 284.3 demonstrates a serious problem in modern lawmaking: the unexpected appearance and hasty adoption of projects that are not discussed in the legal community and do not receive proper expert assessment.Goals and objectives of the study: to substantiate the doctrinal interpretation of the objective side of the act described in Art. 284.3 of the Criminal Code of the Russian Federation, as well as formulate proposals aimed at limiting the manifestations of so-called hasty lawmaking in the criminal legal sphere. During the research, the author was guided by the principles of the dialectical method of cognition (objectivity and comprehensiveness of consideration of the object of study, historicism, the universal connection of phenomena, systematicity), used general scientific (analysis, synthesis, induction, deduction, description, generalization, classification, analogy) and special scientific (historical) legal, sociological, legal forecasting) methods, and at the same time historical, functional and systematic ways of interpreting the law.The assumption is substantiated that the emergence of the official interpretation of Art. 284.3 of the Criminal Code of the Russian Federation in the near future is unlikely, and a doctrinal interpretation is proposed, which may be in demand in criminal proceedings and investigative activities, as well as in preparing explanations of the Plenum of the Supreme Court of the Russian Federation, relevant acts of the Constitutional Court of the Russian Federation and a bill aimed at clarifying the text of the recently adopted criminal law. A number of proposals have been argued to introduce amendments and additions to the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation, aimed at limiting the passage of poorly substantiated bills with significant legal and technical flaws in the criminal legal field.
17
Skoblikov, P. A. "Criminal Law Meaning of Professionalization of Сriminal Activities (the Case Study of the 1922 Criminal Code of the RSFSR and the 1996 Criminal Code of the Russian Federation)". Actual Problems of Russian Law 17, n.º 12 (19 de novembro de 2022): 11–24. http://dx.doi.org/10.17803/1994-1471.2022.145.12.011-024.
Texto completo da fonteResumo:
In 2022, 100 years have passed since the adoption of the first Soviet Criminal Code — a fundamentally new codified enactment in the history of Russian legislation. The purpose and objectives of this study are 1) to identify and analyze provisions of the 1922 Criminal Code of the RSFSR aimed at combating professional crime, to assess their validity, novelty and consistency in the context of criminal and political objectives set before legislative bodies by the Soviet Russia establishment, as well as their dependence on socio-economic and criminological situation that was developing at that time; 2) to determine to what extent the legislator’s approaches to the criminal law fight against professional crime, used in the creation of the Code under consideration, were embodied and developed in subsequent criminal legislation of our country. To solve these problems, the author used rules and techniques of formal and dialectical logic, abstraction and generalization, historical, comparative and formal legal research methods, methods of interpretation of legal norms, documentary sources examination, ideal experiment, legal forecasting, results of previous criminological studies, etc. The author analysed the main and qualified corpa delicti containing such signs as engaging in crimes of a certain type as a profession and committing a crime in the form of a trade. The paper examines the rules of sentencing professional criminals and application of other social protection measures to them in addition to punishment. The author sets out provisions of the criminal law in combination with characteristics of socio-economic and criminogenic situation of the early 20s of the 20th century. Also, the paper explains the views of Soviet lawyers on problems of criminal professionalism and provides the author’s assessment of the grounds for legislative decisions, their gaps and shortcomings. In conclusion, the author briefly describes implementation of the ideas concerning countering professional crime in subsequent Russian criminal codes and in the currently effective 1996 Criminal Code of the Russian Federation.
18
Romashov, Roman A., Vladislav Yu Panchenko, Ilyas A. Ermolaev e Larisa A. Petruchak. "Transformation of the Image Status of the Penal System in the Context of the Cyclical Political Genesis of Russia". Penitentiary science 15, n.º 3 (30 de setembro de 2021): 595–604. http://dx.doi.org/10.46741/2686-9764-2021-15-3-595-604.
Texto completo da fonteResumo:
Introduction: being a structural and functional element of the state mechanism (a kind of “state within the state”), the prison system is transforming along with it. Accordingly, the image status of the prison itself and representatives of “prison authorities” and “prison population” is also changing. We bring to the fore the problem of understanding the term “system” in the context of the image status of the social system in general and the penal system in particular. We highlight the formation of semantic images and image statuses on the example of three social institutions (school, army, prison), which are similar in terms of parametric characteristics and functioning and qualitatively different in image status. The article comprehensively examines the bipolar image of the penal system: on the one hand, prison is inextricably linked with human misfortune, an evil that cannot be treated positively; on the other hand, as an instrument of state law enforcement policy, the prison guarantees the inevitability of punishment for a crime, ensuring the execution of punishment, protecting law-abiding citizens, which is a good thing for society and the state. Research materials and methods: the features of formation and functioning of the image status of the Russian penal (“prison”) system are considered in the context of the concept of cyclic political genesis. In accordance with this concept, in relation to the history of the unified Russian state, three cycles should be distinguished (imperial, Soviet, post-Soviet). Within the framework of each, Russia was represented by qualitatively different forms of state government, economic order, social structure, etc. At the same time, in such “different” Russian states, there were different models of prison systems, the formation and functioning of which, as well as the transformation of the image status, was carried out under the influence of state prison policy and under the influence of public consciousness (national mentality). Results: the current state of the Russian penal system can be described as transitional. Along with the legacy of the “Soviet past”, we observe serious changes proceeding from democratization and humanization of the political and legal system of the Russian Federation. Transformation of the image of the penal system is aimed at increasing the level of openness and forming a positive opinion about the functioning of the penitentiary system (the Concept for development until 2030). It is important that in the public consciousness the image of the penal system as a predominantly punitive prison system gradually be replaced by the idea of it as a penitentiary system, which is concerned primarily with “revival of the essence of humanity” in a person through awareness and repentance. As for the image status of employees of the penal system, the state can optimize it first of all by equalizing their official status with that of military personnel and special services employees, who, like representatives of the prison system, serve the Russian state, but are in a privileged position in relation to them. Increasing the prestige of the service in the penal system in the eyes of actual or potential employees implies the rejection of such differentiation.
19
BATYR, V. A. "THE NUREMBERG VERDICT: HISTORY LESSONS FOR THE FUTURE". Courier of Kutafin Moscow State Law University (MSAL)), n.º 12 (14 de março de 2021): 197–216. http://dx.doi.org/10.17803/2311-5998.2020.76.12.197-216.
Texto completo da fonteResumo:
The article examines the significance of the organization and holding of the Nuremberg International Military Tribunal for the trial of war criminals in 1945-1946 from the point of view of modern international law. (hereinafter — MW) as a unique experience of successful international cooperation, it is highly in demand nowadays; based on the analysis of the Sentence MW formulated a number of lessons for modern national and international justice; made the judgment that the contractual sources (Berlin Declaration, the London Agreement and Charter of the IMT) has had an enormous influence on the subsequent development of international contractual practice; noted that MW took all that was best in socialist (USSR), in fact, continental (France) and the Anglo-Saxon (US and UK) legal systems, have managed to overcome "the system" and national barriers and to find mutually acceptable solutions; it was concluded that since the implementation of international justice aimed at replacing the national justice condition the exercise of international jurisdiction is the loss (In varying degrees) by a state of its sovereignty; the author’s expressed judgment that the effectiveness of national legal and judicial systems based on the Nuremberg jurisprudence, is opposed to international justice, however, the assignment of the functions of international justice in national judicial systems is no less disturbing; In the context of the refusal of the Russian Federation to participate in the ICC, the importance of concluding bilateral agreements with the states parties to the ICC on the exclusion of Russian citizens from the jurisdiction of the ICC in compliance with the principles of the inevitability of punishment, reciprocity and selectivity, as well as the establishment of prohibitions on both cooperation of state authorities with the ICC and the participation of Russian peacekeepers in operations in countries that are under the jurisdiction of this court is emphasized. The MW has set the guidelines that form the fundamental values of modern civilization.
20
Pirozhnikov, Alexander. "Historical prerequisites for the development of other measures of a criminal law nature aimed at restricting the rights of persons committed crimes against the interests of the Russian Federation". Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, n.º 1 (30 de março de 2023): 110–19. http://dx.doi.org/10.35750/2071-8284-2023-1-110-119.
Texto completo da fonteResumo:
The relevance of the topic is due to the need for a retrospective analysis of individual measures of state enforcement in order to understand their criminal legal nature. The history of the development of other measures of a criminal law nature in relation to individual groups of crimes is practically not considered in the criminal law literature. Encroachments on the interests of the state the punishment for which has traditionally been one of the most severe among socially dangerous acts prohibited by criminal law are no excluded. Nevertheless, the analysis of historical sources shows that the limits of coercion in this area have changed over time significantly. The changes that took place were related to the policy of the state, namely the humanization of punishment - the mitigation of the means of influence used against persons guilty of committing crimes against the interests of the state. Today, this trend generally continues. Along with the rigidity of the approach, the authorities allow a compromise, reasonably believing that a different impact or border measures can ensure the effectiveness of prevention.
Traditional methods were used in the study organizing - generalization, analysis, analogy.
Results. The development of the criminal law science, as well as the humanism ideas dominance, the human resources economy, led to the implementation of a fundamentally different approach in the entire field of criminal law regulation. We believe that the further development of this area will allow us to determine new prospects for countering the crimes of the group under study.
21
Крюков, Антон Владимирович. "Retrospective View on Imposition of Punishment for Banditism Using Tolstopyatov Brothers Criminal Case as Example". ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, n.º 4 (15 de dezembro de 2021): 91–100. http://dx.doi.org/10.26163/gief.2021.75.95.013.
Texto completo da fonteResumo:
Исследуется история развития понятия бандитизма в различных редакциях Уголовного кодекса, действовавших в РСФСР в различные периоды времени. Анализируются вопросы квалификации данного преступления и категории бандитизма по степени тяжести в различные периоды времени в сравнении с современной редакцией соответствующей статьи в УК РФ. Рассматривается практика назначения различными судами наказания за бандитизм и сопутствующие ему преступления. На примере банды братьев Толстопятовых, действовавшей в Ростове в 1968 - 1973 годах, в данной статье изучаются практические вопросы назначения наказания за бандитизм, а также за такие сопутствующие ему преступления, как недонесение о совершении бандитизма, укрывательство бандитизма, содействие бандитизму. The article examines the evolution of a criminal offense "Banditry" in the criminal legislation of the Soviet and post-Soviet periods. The author examines the history of the development of the very concept of banditry in various editions of the Criminal Code used to be in force in the RSFSR at different times, the issues of qualification of this crime, the category of this crime in terms of severity in different periods of time in comparison with the modern edition of this article in the Criminal Code of the Russian Federation. In addition, this article examines the practice of imposing punishment for banditry and related crimes by various courts. Using the example of the Tolstopyatov brothers' gang, which operated in Rostov in 1968-1973, the article examines practical issues of imposing punishment for banditry, as well as for such related crimes as failure to report the act of banditry, concealment of banditry, and assistance to banditry. The article sufficiently describes the activities of this gang, which committed fourteen robberies in Rostov for fifty years and killed several people in the course of these attacks. Descriptions of the activities of each of the gang members are given, with a description of the acts directly committed personally, as well as an analysis of the punishment imposed by the court to each of the gang members.
22
Sukharev, Sergey N. "The Role of the Criminal Policy in Penal System Operations". Advocate’s practice 1 (18 de janeiro de 2024): 47–50. http://dx.doi.org/10.18572/1999-4826-2024-1-47-50.
Texto completo da fonteResumo:
This article attempts a scientific and theoretical understanding of the modern criminal policy of the Russian Federation and its impact on the penal enforcement system, namely on the state of the regime (law and order) in institutions and bodies executing criminal penalties in the form of imprisonment. The analysis of the work on the prevention of penitentiary crimes forces penitentiary scientists to look for effective, scientifically based ways to counteract them. The humanization of criminal policy expressed in the application of criminal penalties not related to deprivation of liberty, for example, the imposition of punishment in the form of forced labor, has significantly reduced the quantitative index of persons held in correctional institutions, but, unfortunately, this has led to the concentration of particularly dangerous criminals in these institutions, which negatively affected the state of law and order in these institutions and This has led to an unprecedented increase in offenses in modern penitentiary history, committed by convicted persons serving a criminal sentence in the form of imprisonment. Thus, a comprehensive study of the relationship between criminal policy and penal enforcement policy will allow us to develop a number of effective measures aimed at achieving the goals pursued by criminal and penal enforcement law and significantly reduce the level of penitentiary crime.
23
Kruessmann, Thomas. "Criminal Law and Human Rights - Some Examples from the Emergence of European Criminal Law". Russian Journal of Criminology 14, n.º 5 (20 de novembro de 2020): 745–57. http://dx.doi.org/10.17150/2500-4255.2020.14(5).745-757.
Texto completo da fonteResumo:
Criminal law is often described as the field of law that expresses the strongest national characteristics of a given jurisdiction and is the least amenable to change. Naturally, social rules providing some kind of penalty when violated have existed throughout the history of mankind. In Europe, the current understanding of criminal law has been shaped by Enlightenment thought, the ideas of human rights, liberalism and finally the national movements which led, inter alia, to the famous codifications of criminal law of the 19th century. In Russia, criminal law has certainly (not been isolated from the developments that took place in 19th century Europe. For example, the abolition of corporal punishment is but one good marker of humanisation. But compared to Europe, codified criminal law in Russia has been much less understood as the magna charta of the offender (Franz von Liszt), eventually leading to the study of human rights in criminal law. Rather, it has been viewed as the expression of the Tsars unfettered power to mete out punishment, - a line of thinking which indicates the continuing difficulty in Russian criminal law doctrine to accept limitations on the power of the legislator to criminalize. This paper will not deal with Russian doctrinal approaches to criminal law in a direct way. Instead, its purpose is to demonstrate the European Unions (EUs) current thinking on the effects that human rights have on the development of criminal law. As of today, criminal law is under a variety of influences among which the changing understanding of human rights is a very important one. In the Western world, there is a large amount of literature dealing with human rights and criminal law in general1 [1; 2], and it is hardly possible to come to an overall systematization. To be sure, there are parts of criminal law which have experienced very little change in light of human rights. One central tenet of human rights, for example, is the equality of men2 (in a pre-modern reading to include also women) which leads to the criminalization of slavery, slave trade, forced labor and trafficking in human beings. The smuggling of humans, on the other hand, is a much more controversial topic due to the fact that states show a strong desire to criminalize irregular migration. Another pillar of human rights is the human right to property3 which informs a whole range of criminal law provisions for violations of the right to property on land (theft, robbery, etc.) and on water (piracy). By comparison, the right to life is a more difficult concept. Human rights are behind the global drive for abolishing the death penalty4, but a number of other life-related issues are determined less by human rights than by religious and ethical views, such as the criminalization of abortion, aiding and abetting suicide, and euthanasia. Finally, a number of human rights are experiencing a very lively debate, e.g. freedom of speech5 [3] and freedom of religion, consequently there is also a high impact on the development of criminal law. European criminal law, understood as the total of the harmonized national criminal law systems of the EU Member states, offers a good example to study the effects of human rights. In the literature, there is the argument that changes in the understanding of human rights can lead both to criminalization and to de-criminalization. This has also been described as the «sword» function of human rights (using human rights to call for criminalization) and the «shield» function (using human rights law to call for limits to the use of criminal law and even de-criminalization) [1]. Both functions can be observed in a nutshell when analyzing the European criminal law that has emerged in the course of the last decade. For Russia, this article represents a (hopefully timely) contribution to the still nascent discussion on the effects of human rights on criminal law. Despite the Preamble to the newly adopted Constitution of the Russian Federation (RF) which affirms the role of human rights, Article 15 (4) Constitution RF limits the direct impact of human rights law to the universally accepted norms and principles of international law as well as to treaties concluded by the RF. The Constitution therefore appears to be closing the door to cutting-edge developments in international human rights law which are still not universally accepted.
24
Zarubina, Kristina A., e Natalia S. Petrisheva. "“Money Thieves” in Russia: On the History of Counterfeiting in the Kursk Gubernia in the Second Half of the 19th – Early 20th Century". Herald of an archivist, n.º 4 (2023): 1225–37. http://dx.doi.org/10.28995/2073-0101-2023-4-1225-1237.
Texto completo da fonteResumo:
The study and analysis of archival documents allows the authors to conclude that in the Kursk gubernia of the second half of the 19th – early 20th century there acted solitary criminals, producing and distributing counterfeit money independently, as well as criminal groups. Source base of the study is materials of the State Archive of the Kursk Region and those of the State Archive of the Russian Federation. The following methods have been used in the research: chronological, comparative-legal, method of synthesis, analysis and systematization. The study is to determine the specifics of the development of counterfeiting in the Kursk gubernia in the second half of the 19th - early 20th century. The novelty of the study is due to introduction of previously unused archival materials and use of comprehensive approach. The first counterfeiters appeared in the Russian state simultaneously with single monetary system formation. As this socially dangerous phenomenon developed, a mechanism was created to counteract the counterfeiting trade. It included legal and organizational measures. In the Council Code (Sobornoye Ulozheniye) of 1649 there was a chapter devoted entirely to protection of coins from forgery. Counterfeiting in Russia gained momentum in the second half of the 19th – early 20th century in the heyday of professional crime, when a tight-knit and well-consolidated “caste” of professional criminals was formed, including criminal community of professional counterfeiters. In the Code of Criminal and Correctional Punishments of 1845, forgery of a “exterior minted” coin was cited, tools and methods of counterfeiting banknotes were detailed. The Criminal Code of 1903 prohibited manufacture and sale of counterfeit money on professional basis (as a livelihood). Legal measures against counterfeiting were supplemented by organizational ones, such as creation of the Special Archive of Certificates on Cases of Manufacture and Sale of Counterfeit Money at the St. Petersburg District Court, and by educational work among the population on ways to recognize genuine money. However, counterfeiting was developing not only in major cities of the empire, but also in the Russian provinces, as numerous archival data proves. Counterfeit banknotes, as a rule, were passed off in urban areas (for example, in Oboyan, Kursk), which allowed criminals to evade criminal prosecution for a long time. Both paper money and coins were subject to falsification. They were produced by drawing, printing, coinage copying, casting, changing the ratio of precious and base metals in coin alloy. Special devices were often used to manufacture counterfeit money. However, the counterfeiters were not professionals of their craft, and thus counterfeit money were easily detected and recognized by law enforcement officers and population.
25
Тепляшин, Павел Владимирович, e Олеся Валерьевна Обернихина. "International penitentiary standards and european practice for the protection of the rights of the prisoners: expected perspective for domestic criminal-executive legislation". Vestnik Kuzbasskogo instituta, n.º 1(38) (21 de março de 2019): 64–73. http://dx.doi.org/10.53993/2078-3914/2019/1(38)/64-73.
Texto completo da fonteResumo:
В статье рассматриваются история и результаты международного сотрудничества по вопросам защиты прав заключенных, приведены результаты такого сотрудничества на примере организационно-структурных преобразований в уголовно-исполнительной системе. Проведен анализ норм отечественного законодательства на предмет эффективности осуществления процесса реализации международной практики исполнения наказания и заключения под стражей, а также обеспечения реформирования уголовно-исполнительной системы Российской Федерации. Исследуется практика защиты прав указанных лиц на международном уровне, когда нормы отечественного права исчерпали себя, а органы государственной власти и их должностные лица предпринимают попытки установить механизм внутригосударственного противодействия «нежелательным» решениям Европейского суда по правам человека. Авторы дают оценку процессу трансформации национальных правовых систем под влиянием решений, выносимых международными судами. Анализируются правовые, институциональные и организационные механизмы, используемые международными судами для эффективного взаимодействия с национальными правовыми системами, а также те сложности, с которыми международным судам приходится сталкиваться в процессе трансформации национальных правовых систем (на примере Европейского суда по правам человека). The article discusses the history and results of international cooperation on the protection of prisoners' rights, the results of such cooperation on the example of organizational and structural changes in the penitentiary system. The analysis of the norms of domestic legislation was carried out with a view to the effectiveness of the implementation of the process of implementing the international practice of executing punishment and imprisonment, as well as ensuring the reform of the penitentiary system of the Russian Federation. The practice of protecting the rights of these individuals at the international level is being studied, when the norms of domestic law have exhausted themselves, and the state authorities and their officials attempt to establish a mechanism of domestic opposition to the “undesirable” decisions of the European Court of Human Rights. The authors assess the process of transformation of national legal systems under the influence of decisions made by international courts. The author analyzes the legal, institutional and organizational mechanisms used by international courts for effective interaction with national legal systems, as well as the difficulties that international courts face in the process of transforming national legal systems (using the example of the European Court of Human Rights).
26
Ивашко, Н. Н., e М. В. Немойкин. "V International Penitentiary Forum “Crime. Punishment. Correction”". Vestnik Kuzbasskogo instituta, n.º 4(49) (20 de dezembro de 2021): 192–97. http://dx.doi.org/10.53993/2078-3914/2021/4(49)/192-197.
Texto completo da fonteResumo:
Сотрудники Кузбасского института ФСИН России приняли участие в V Международном пенитенциарном форуме «Преступление, наказание, исправление». Мероприятие проходило в Академии права и управления Федеральной службы исполнения наказаний (г. Рязань) с 17 по 19 ноября 2021 г. и было приурочено к проведению в 2021 г. в Российской Федерации Года науки и технологий. Представители Кузбасского института ФСИН России выступили с докладами на различных площадках форума, являющегося главным научным мероприятием, проходящим в Российской Федерации, на котором обсуждаются самые разнообразные вопросы, связанные со сферой исполнения наказаний. Employees of the Kuzbass Institute of the Federal Penal Service of Russia took part in the V International Penitentiary Forum “Crime, Punishment, Correction”. The event was held at the Academy of Law and Management of the Federal Penitentiary Service of Russia (Ryazan) from November 17 to 19, 2021 and was timed to coincide with the Year of Science and Technology in the Russian Federation in 2021. Representatives of the Kuzbass Institute of the Federal Penitentiary Service of Russia made presentations at various venues of the forum, which is the main scientific event held in the Russian Federation, which discusses a wide variety of issues related to the field of execution of sentences.
27
Kiriakova, Maria. "The Death Penalty in Russia 1917–2000: A Bibliographic Survey of English Language Writings". International Journal of Legal Information 30, n.º 3 (2002): 482–523. http://dx.doi.org/10.1017/s0731126500010155.
Texto completo da fonteResumo:
The present annotated, bibliographic survey covers works in English on the issue of capital punishment in Russia in the years 1917–2000. Considered are primary sources of criminal law of the Russian Federation as well as periodical articles and essays on the topic. The work concludes with a chronology of the death penalty in Russia, which spans ten centuries.
28
Тасаков, Сергей Владимирович, e Владимир Сергеевич Тасаков. "Grounds for the mitigation of criminal punishment in the criminal legislation of Russia". Vestnik Kuzbasskogo instituta, n.º 2(39) (20 de junho de 2019): 116–22. http://dx.doi.org/10.53993/2078-3914/2019/2(39)/116-122.
Texto completo da fonteResumo:
В статье рассматриваются основания смягчения уголовного наказания в уголовном законодательстве Российской Федерации. Основания смягчения уголовного наказания направлены на снижение бремени уголовного наказания, что в свою очередь опосредованно влияет на процесс реализации уголовной политики. Проводится различие терминов «смягчение» и «освобождение» от уголовной ответственности и ее «исключение». Исследуются межотраслевое содержание системы оснований смягчения уголовного наказания, а также признаки системы оснований смягчения уголовного наказания и классификация оснований смягчения уголовного наказания. Дается доктринальное определение системы оснований смягчения уголовного наказания. The article discusses the grounds for mitigating criminal punishment in the criminal legislation of the Russian Federation. The grounds for mitigation of criminal punishment are aimed at reducing the burden of criminal punishment, and that, in turn, indirectly affects the process of implementation of criminal policy. A distinction is made between the terms “mitigation” and “exemption” from criminal responsibility and its “exclusion”. The intersectoral content of the system of grounds for mitigation of criminal punishment, as well as signs of the system of bases for mitigation of criminal punishment and the classification of the grounds for mitigation of criminal punishment are investigated. A doctrinal definition of the basis for the mitigation of criminal punishment is given.
29
Khodarkovsky, Michael. "Crime and Punishment in Early Modern Russia". Social History 38, n.º 4 (novembro de 2013): 511–13. http://dx.doi.org/10.1080/03071022.2013.842770.
Texto completo da fonte
30
Popov, V. V., e S. M. Smolev. "The goals of criminal punishment as a reflection of modern criminal policy". Penitentiary Science 14, n.º 3 (2020): 324–30. http://dx.doi.org/10.46741/2686-9764-2020-14-3-324-330.
Texto completo da fonteResumo:
The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.
31
Grishin, Dmitry A. "Conflict Issues of the Application of Administrative Punishments in Respect of Convicts". Administrative law and procedure 4 (31 de março de 2022): 26–31. http://dx.doi.org/10.18572/2071-1166-2022-4-26-31.
Texto completo da fonteResumo:
The article deals with issues related to the formation and legislative consolidation of the tort-legal status of persons held in institutions executing criminal penalties. Proposals are made on the organization of bringing convicts to administrative responsibility and expanding the scope of application of the norms of the Code of Administrative Offences of the Russian Federation in relation to these subjects.
32
Alekseyeva, Lilia, e Tatyana Selishcheva. "Legal regulation of the death penalty: yesterday, today, tomorrow". Advances in Law Studies 12, n.º 1 (26 de março de 2024): 1–5. http://dx.doi.org/10.29039/2409-5087-2024-12-1-1-5.
Texto completo da fonteResumo:
This article highlights some aspects of the regulatory regulation of capital punishment in Russia in various historical periods. The authors draw attention to the transformation of public and state perception of this type of punishment. In addition, the authors identify the most significant normative acts regulating the death penalty, inherent in each specific historical epoch. The article draws special attention to the role of the Constitutional Court of the Russian Federation in modern conditions, as a body directly influencing the current state and prospects for the development of the death penalty.
33
Сапронова, Тамара Петровна. "ADDITIONAL LEGISLATIVE REGULATION ANTI-CORRUPTION POLICY IN RUSSIA". Вестник Тверского государственного университета. Серия: Право, n.º 1(69) (22 de março de 2022): 79–82. http://dx.doi.org/10.26456/vtpravo/2022.1.079.
Texto completo da fonteResumo:
Рассматриваются вопросы дополнительного законодательного регулирования правовых механизмов борьбы с коррупцией. Предлагается рассмотреть вопрос о внесении изменений в Уголовный и Уголовно-процессуальный кодексы Российской Федерации в части назначения наказания за совершение преступлений коррупционной направленности, расширения компетенции суда присяжных, содержания понятия «конфискация имущества». The article discusses the issues of additional legislative regulation of legal mechanisms for combating corruption. It is proposed to consider the issue of amending the criminal and criminal procedure codes of the Russian Federation in terms of imposing punishment for committing corruption-related crimes, expanding the competence of the jury, and the content of the concept of «confiscation of property».
34
Kuznetsov, Alexandr, e Roman Novikov. "The Criminological and Legal Aspects of Using the Deferral of Punishment". Russian Journal of Criminology 14, n.º 6 (30 de dezembro de 2020): 834–44. http://dx.doi.org/10.17150/2500-4255.2020.14(6).834-844.
Texto completo da fonteResumo:
The institute of the deferral of punishment is one of the steadily developing institutes of contemporary criminal law in the Russian Federation that reflects a trend for the humanization of punishment, the economy of repressive criminal law measures, and for widening the list of measures and sanctions alternative to punishment. The relevance of the key aspects of research presented in the article is connected with the fact that the evolution of the institute of deferral of punishment in the doctrine of criminal law gives rise to a number of discussions both about the legal nature of this institute, its role and place among other criminal law measures, and the specific features of its application in the practice of law enforcement. Deferral of punishment is a socially relevant institute in Russian criminal law aimed at the correction of convicts without severing their socially relevant links. The impact of the requirements of international legislation on reducing the number of persons isolated from society and a wide use of alternative punishments in Russia have lead to a wider application of the deferral of punishment. The authors analyze specific aspects of the legal regulation of the deferral of punishment, study the criminologically relevant characteristics of persons to whom this criminal law measure is applied, as well as the law enforcement practice of appointing and enforcing the deferral of punishment. They present the results of surveying 250 convicts, and also of interviewing 300 employees of the penitentiary system, who ensure compliance with the requirements of law on the deferral of punishment in a number of regions of the Russian Federation, such as the Udmurt Republic, the Bashkortostan Republic, Kurgan Region, Kirov Region, Sverdlovsk Region, Chelyabinsk Region and Perm Region. The research also includes the analysis of departmental and court statistics, federal legislation and departmental normative acts. The conducted research allowed the authors to present their suggestions on improving the current legislation of the Russian Federation that regulates the penitentiary sphere.
35
Евгений Владимирович, Миллеров. "ON THE NEED TO TIGHTEN THE LEGAL RESPONSIBILITY FOR PROSTITUTION". NORTH CAUCASUS LEGAL VESTNIK 1, n.º 3 (setembro de 2022): 160–66. http://dx.doi.org/10.22394/2074-7306-2022-1-3-160-166.
Texto completo da fonteResumo:
This article discusses the issues of legal struggle against prostitution as an antisocial phenomenon, in particular, the features and dimensions of administrative punishment for prostitution. Statistical data on the revealed facts of prostitution in Russia are analyzed with a comparison of these data with other illegal acts related to prostitution (both administrative offenses and crimes). The conclusion is made about the excessive leniency of administrative punishment for prostitution, the tightening of administrative punishment is proposed, as well as the establishment of criminal liability for prostitution by a person who continues to engage in prostitution during the period during which he is considered to be subjected to administrative punishment for a similar act, that is, the author proposes to introduce into the Criminal Code of the Russian Federation such a corpus delicti with the presence of there are administrative prejudices in it.
36
Gromov, Vladimir G. "Probation and problems of its implementation in the Russian Federation". Izvestiya of Saratov University. Economics. Management. Law 24, n.º 2 (22 de maio de 2024): 184–91. http://dx.doi.org/10.18500/1994-2540-2024-24-2-184-191.
Texto completo da fonteResumo:
Introduction. On February 6, 2023, the Federal Law “On Probation in the Russian Federation” 10-FZ was adopted. The law is aimed at the effective inclusion of persons subject to criminal penalties into a law-abiding society, as well as at reducing the level of recidivism in the country. With the help of the probation instrument, involving a large number of subjects in the sphere of resocialization work with persons leading a criminal lifestyle and subject to criminal punishment, the legislator believes in achieving the goals of punishment: restoring social justice, correcting convicts and preventing the commission of crimes. Theoretical analysis. While not being a full source of penal law, the law on probation, at the same time, provides the prerequisites for expanding the subject of this branch of law and outlines further directions for the development of the science of the same name. The law provides for executive, penitentiary and post-penitentiary probation; all these types should be carried out on the basis of individual resocialization programs. However, a number of issues require resolution; these include the relationship between the goals of punishment and the goals of probation, as well as identification of the legal statuses of participants in probation relations. Empirical analysis. The legal, organizational, and social aspects of the functioning of the probation system in Russia are analyzed, including interaction with various participants, effectiveness of measures for resocialization and social adaptation of convicts. The use of the concepts of social adaptation, resocialization and social rehabilitation in the law causes difficulties in understanding and can create problems in its implementation. It is proposed to develop detailed regulations on the part of the Government of the Russian Federation and the Federal Penitentiary Service to better implement the powers of probation subjects. Results. The positive direction of the law is beyond doubt, but the legal nature of probation requires further reflection. Its legislative definition resembles criminological prevention, but at the same time it is not such. Therefore, in conclusion, proposals are formulated to improve the legal and organizational components of probation in Russia.
37
Seliverstov, N. O. "On the issue of circumstances, aggravating punishment in the commission of crime, under Article 2434 of the Criminal Code of the Russian Federation". Sociology and Law 15, n.º 3 (17 de outubro de 2023): 439–47. http://dx.doi.org/10.35854/2219-6242-2023-3-439-447.
Texto completo da fonteResumo:
The article studies problematic theoretical issues of application of the criminal law in case of presence of circumstances aggravating punishment in case of destruction or damage of military burial places, as well as monuments, steles, obelisks, other memorial structures or objects perpetuating the memory of those who died in defense of the Fatherland or its interests or dedicated to the days of military glory of Russia, according to article 2434 of the Criminal Code of the Russian Federation (CC RF). In particular, the most common circumstances aggravating punishment in committing an act under article 2434 of the Criminal Code of the Russian Federation are investigated, namely: in cases of recidivism of crimes, occurrence of grave consequences, committing a crime during mobilization. The author applied the methods of statistical, systemic and comparative legal analysis, formal logic. It is argued that the recognition of recidivism of a crime does not affect the social danger of a deed, but this circumstance should be taken into account in penalization for the appointment of fair punishment based on the personality of the offender. The author’s classification of grave consequences to be taken into account in the case of committing an offense under Art. 2434 of the Criminal Code of the Russian Federation is proposed. A number of aspects of such a circumstance aggravating punishment as committing a crime during mobilization, especially in relation to negligent crimes, are criticized. The author concludes that it is justified to take into account the commission of a crime during mobilization in relation to article 2434 of the Criminal Code of the RF. This will have a positive impact on the practice of imposing criminal punishment for a crime against the historical memory of those who died in defense of the Fatherland, especially since the purpose of imposing a just punishment — including the prevention of committing socially dangerous acts.
38
Grushin, F. V., e E. V. Lyadov. "RESTRICTION OF FREEDOM AS A CRIMINAL PUNISHMENT IN RUSSIA, BELARUS AND KAZAKHSTAN". Law Нerald of Dagestan State University 35, n.º 3 (2020): 137–43. http://dx.doi.org/10.21779/2224-0241-2020-35-3-137-143.
Texto completo da fonteResumo:
One of the main tasks of any state is an effective fight against crime. At the same time, the correct choice of the criminal punishment system is of key importance. A fairly large number of recent cases in Russia, Belarus, and especially in Kazakhstan have received criminal penalties in the form of restriction of freedom. As official statistics show, this punishment is very effective, but there are both features of the implementation of restrictions of freedom in each of the countries, and some problems in its application. The purpose of this study is to identify the features of the implementation of criminal punishment in the form of restriction of freedom in Russia, Belarus and Kazakhstan. Objectives of the study: analysis of the legal and regulatory framework; a comparison of restriction of freedom in each of the countries concerned; identification of positive aspects of implementation of penalties; identification of problems in the application of restraint of liberty; preparation of proposals to improve the effectiveness of restriction of freedom in Russia. The following scientific methods were used in the preparation of the study: analysis, synthesis, comparative legal, formal logical, historical-legal and system-structural. Based on the research, a number of changes to the current criminal and penal enforcement legislation of the Russian Federation are proposed. In particular, given the importance of such a means of correction as labor, the experience of Belarusian and Kazakh colleagues in the field of employment of prisoners sentenced to restriction of freedom may well be spread in Russia. It is also possible to consider a ban on the use of alcoholic beverages by convicted persons to restrict their freedom in Russia as an effective measure that contributes to achieving the goals of punishment.
39
Kandabarova, Tat'yana. "Criminal punishment: history and modernity". Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, n.º 4 (20 de dezembro de 2021): 84–88. http://dx.doi.org/10.35750/2071-8284-2021-4-84-88.
Texto completo da fonteResumo:
The article discusses criminal punishment in historical and modern aspects. The term «criminal punishment» is multidimensional both in everyday and scientific understanding, functional properties are diverse. Without punishment there is no crime, and without crime there is no punishment. Hence the familiar phrase «crime-punishment». The role of criminal punishment in countering socially dangerous acts, its effectiveness causes discussion. The issues of sentencing at different times have always been and are receiving a lot of attention, both from legal scholars and from practitioners. The improvement of modern legislation in terms of criminal punishment gives reason to say that there is an understanding and research of the problems of the application of criminal punishment in modern society. Punishment expresses, on behalf of the State and society, a negative legal, social and moral assessment of the criminal act and the offender and consists in the deprivation or restriction of rights and freedoms provided for in criminal legislation.
The purpose of this study is to study criminal punishment, its goals and practice of application, consideration of historical prerequisites. To achieve this goal, it is necessary: to investigate the institution of sentencing in the history of development, to study the current state of the institution of punishment, its goals and practice of application in modern Russia.
The methodological basis of the work was made up of general scientific methods (historical, logical,
system-structural, comparative legal analysis).
40
Кудайберген e Pirimkul Kudaybergen. "FEATURES OF FORMATION AND MANAGEMENT OF STAFF QUALITY IN GERMANY AND RUSSIA". Management of the Personnel and Intellectual Resources in Russia 6, n.º 2 (4 de maio de 2017): 22–28. http://dx.doi.org/10.12737/25269.
Texto completo da fonteResumo:
The article reveals peculiarities of the German and Russian staff, the tradition of quality of formation personnel in Germany and the Russian Federation. The impact reveals social protection, promotion, and the inevitability of punishment on the quality of the German staff. For example, compare the quality of the metro station and staff in Moscow and Dortmund, there is shown the differences in the activities of personnel in Germany and Russia. The origins and reasons for the relatively poor quality of Russian personnel are settled.
41
Henderson, Jane, e Marina Lomovtseva. "Constitutional Justice in Russia". Review of Central and East European Law 34, n.º 1 (2009): 37–69. http://dx.doi.org/10.1163/157303509x406223.
Texto completo da fonteResumo:
AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or charter courts of the subjects of the Federation, and the relationship between the Constitutional Court and the other courts in the Russian federal system. Issues of the methods of constitutional interpretation are addressed. The importance of the Constitutional Court as the federal agency of constitutional court supervision (review) in ensuring the effective application of the Russian Constitution is highlighted in the context of this growth of a comparatively new branch of law in the Russian legal system.
42
Maslov, V. A. "Declared and True Goals of Criminal Punishment". Lex Russica 75, n.º 12 (21 de dezembro de 2022): 52–62. http://dx.doi.org/10.17803/1729-5920.2022.193.12.052-062.
Texto completo da fonteResumo:
The goals of punishment, enshrined in Part 2 of Article 43 of the Criminal Code of the Russian Federation, should actually act as one of the key guidelines for the law enforcement officer when individualizing punishment. At the same time, the existing construction is rightly criticized as abstract and devoid of practical meaning. The purpose of the paper is to develop recommendations for improving criminal legislation in terms of regulating practice-oriented goals of punishment. To achieve this goal, the author has substantiated inappropriateness of attributing norms on the purposes of punishment to declarative norms, demonstarted incorrectness of specifying restoration of social justice and prevention of new crimes as the goals of punishment, explained stable failure to fulfill the goal of correcting convicts with due regard to indicators in Russia (from 2008 to 2021), highlighted the approach based on the expediency of normative consolidation of two goals of punishment (taking into account the requirements of unification (correlation with the tasks of the Criminal Code of the Russian Federation), and focused on possibilities and expected results), namely, unconditional and complete restoration of the rights violated by the crime and correction of convicts. Taking into account pecularities of the existing system of types of punishment that actually makes the first of these goals unattainable, the author proposes to adjust norms regulating certain types of punishment (in essence, restorative principles should be referred to as exclusively fiscal in nature as existing punishments): priority compensation for damage caused to the victim, and only with full (or maximum possible in specific circumstances) compensation for all violated rights of the victim compensation to the State budget. The author argues that the goal of correcting a convicted person, despite being difficult to achieve (especially by criminal legal means), is necessary because it has regulatory potential.
43
Terentyeva, Valeria A., e Tamara G. Chernenko. "Prospects for expanding the range of compulsory measures of educational influence used in release of minors from criminal punishment". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n.º 47 (2022): 92–101. http://dx.doi.org/10.17223/22253513/47/7.
Texto completo da fonteResumo:
The release of minors from criminal punishment is one of the manifestations of the method of encouragement in the criminal law of Russia. The expansion of the range of alternative measures to criminal punishment applied to minors has great importance. The article analyzes the legislation of application of measures alternative to criminal punishment in number of foreign countries. An analysis of French legislation has shown that the French model of juvenile justice assumes an individual approach to a juvenile offender, creating for him the most favored regime in terms of release from punishment. There are several measures that deserve attention in the legislation of a number of countries near Russia abroad, along with compulsory measures of educational influence, similar to the measures provided for in the Criminal Code of the Russian Federation. In particular, the Criminal Code of the Republic of Moldova provides for such a measure as imposing on a minor the obligation to participate in a probation program. Such programs differ both in orientation (probation programs for the correction of social behavior or social reintegration) and in the way minors participate in them (group or individual probation programs). The essence of compulsory measures of educational influence is the upbringing of minors and restriction of misconduct. According to the authors’ opinion, compulsory measures of educational influence, not being any form of realization of criminal responsibility, can, if properly applied, have a greater educational effect on minors than criminal punishment or another form of criminal responsibility. The Russian legislator pays obviously insufficient attention to the regulation of compulsory measures of educational influence. The range of compulsory measures of educational influence in the Criminal Code of the Russian Federation should be significantly expanded, which will contribute to the individualization of the release of minors from criminal punishment. It is proposed to include in the range of compulsory measures of educational influence such measures as imposing the obligation to publicly or in another form determined by the court to apologize to the victim; imposing the obligation to take a course of psychological assistance; imposing the obligation to take a course of compulsory education; imposing the obligation to participate in the probation program; gratuitous socially useful educational work (in institutions and organizations that provide social and medical assistance).
44
PICHUGIN, SERGEY A. "Deprivation of the right to hold certain positions or engage in certain activities: regulatory issues and law enforcement practice". Vedomosti (Knowledge) of the Penal System 234, n.º 11 (2021): 16–24. http://dx.doi.org/10.51522/2307-0382-2021-234-11-16-24.
Texto completo da fonteResumo:
The article is devoted to various aspects of the regulation and execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The subject of the article is the norms of the current domestic legislation, data from official statistics of the Judicial Department at the Supreme Court of the Russian Federation and the Federal Penitentiary Service of Russia, as well as law enforcement practice on the topic under consideration. The purpose of the article is to analyze the normative regulation and practice of applying punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The methodological basis of the research is represented by a set of general and specific scientific methods. The work used methods such as analysis, synthesis, formal legal, statistical. As a result of the study, proposals were formulated to amend the current legislation in terms of improving preventive work with persons sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. Conclusions are made about the essence, features of legal regulation and law enforcement practice of the considered type of punishment in modern conditions, about the need to increase the effectiveness of preventive activities in relation to persons sentenced to punishment in the form of deprivation of the right to engage in activities related to driving a vehicle. Key words: deprivation of the right to hold certain positions or engage in certain activities, punishment, penal inspectorates, the Criminal Code of the Russian Federation, convict, deprivation of the right to engage in activities related to driving.
45
Nesterov, A. Y. "INSTITUTE OF PROBATION SERVICE IN THE RUSSIAN FEDERATION". BULLETIN 384, n.º 2 (15 de abril de 2020): 205–15. http://dx.doi.org/10.32014/10.32014/2020.2518-1467.60.
Texto completo da fonteResumo:
In the article, based on the results of an empirical study, the development prospects of the probation service institute in the Russian Federation are presented. The probation service in Russia will focus on the development of juvenile probation in the Russian Federation, which will become the basis for ensuring the successful social adaptation of juvenile offenders in the post-prison period and their subsequent reintegration into modern Russian society. For the first time, the author of the article proposes the structure of the new Federal Law “On the Probation Service in the Russian Federation”. In the development and subsequent discussion in parliament of the Russian Federation of this bill, the author of the publication suggests paying attention to the section "The main activities of rehabilitation centers of the Federal Security Service of Russia". It is determined that the criminal-executive and criminal legislation in Russia as a whole establishes the principle of differentiating the appointment and execution of criminal punishment, especially for juvenile convicts serving criminal sentences in prisons. The problem of legal regulation of the activities of the organizations considered here is extremely acute today. The problem of legal regulation is associated with the post-prison adaptation of persons released from prison. Taking into account the experience of some foreign sovereign states of Asia and Europe, it is necessary to complete the work that has already begun and to adopt the Federal Law on Post-Prison - Social Adaptation of Persons Exempted from Criminal Punishment. The author also determined that penitentiary re-socialization of a convicted person is oriented towards full or partial restoration of social (life) skills, which allows a minor convicted person to reintegrate into society in the post-prison period, independently navigate the issues of obtaining a profession, employment, creating his own family, etc. A juvenile convict, while in prison, partially or completely loses family ties, loses contact with the outside world, friends, acquaintances, and even close relatives turn away from the teenager. But they are necessary for the teenager throughout the entire period of stay in places of deprivation of liberty, and especially after release from the colony in the first post-prison period. The author also proved that a teenager receives in prisons the necessary primary professional, cultural and aesthetic educational, social skills that will guide him in the process of social adaptation in one or another sphere of life. The material in this article does not contain information (information) relating to state secrets of the Russian Federation.
46
Шабуцкая, Natalia Shabutskaya, Соломатина e Elena Solomatina. "State innovation policy Russia: history and prospects". Forestry Engineering Journal 5, n.º 4 (8 de dezembro de 2015): 274–85. http://dx.doi.org/10.12737/17431.
Texto completo da fonteResumo:
The article by analyzing the history of the formation of the state innovation policy of the Russian Federation, substantiated the idea that at the present stage of development of the state plays a leading role as a source of demand for innovation, and the chief mediator of innovative processes. It is argued that in times of crisis, it is the state first is interested in the fact that the products of domestic producers-telya was competitive and that it is the state has the best cart-mozhnosti to stimulate innovation processes, both in terms of financing innovation, and the organization of infrastructure, economic environment favorable to the development of innovation, which today are an indicator of the country´s development. In modern conditions, taking into account the priorities of socio-economic development in Russia achieved some positive results towards the formation and implementation of state management of innovation processes at both the federal and regional levels. The state innovative policy in Russia is generated to reflect the changes in the global high-tech markets, changing vectors of scientific, technological and industrial devel-opment of the world´s leading countries in the innovation process. In 2013, the Russian Federation has changed the direction of the state innovation policy: the beginning of the translation of scientific and technical sector of the "traditional" model on the principles of the "new" model of NIS; there was a correction of the "new" model of NIS. The main document defining the state policy in the field of innovation, is the strategy of innovative development of the Russian Federation for the period until 2020. The implementation of a policy document recognized qualitatively change the structure of Russia´s economy and quality of life. However, much remains to be implemented, taking into account the experience of foreign countries and the need to move away from commodity mo-Delhi economy, as well as the current process to date - importozamesche-tion. The main mechanism for achieving targets in the direction indicated by Innova-tional development programs are state of the Russian Federation.
47
Collis, Robert. "Nancy Kollmann, Crime and Punishment in Early Modern Russia". European History Quarterly 44, n.º 2 (abril de 2014): 345–47. http://dx.doi.org/10.1177/0265691414524528y.
Texto completo da fonte
48
Dikaev, Salman, e Milana Dikaeva. "On the Criminal Policy Concerning Juvenile Crime in Modern Russia". Russian Journal of Criminology 14, n.º 5 (20 de novembro de 2020): 687–98. http://dx.doi.org/10.17150/2500-4255.2020.14(5).687-698.
Texto completo da fonteResumo:
The attitude of the state towards underage criminals has considerably changed in the last decade, which is evident from the adoption of new normative legal acts determining the direction of state criminal policy concerning children. Thus, the Decree of the President of Russia declared 2018-2027 to be the Decade of Childhood, whose scope includes a comprehensive program of preventing underage crimes, the use of restorative techniques and methods of preventive work with children and their parents, etc. Sentencing practices and exemption from punishment have also been revised. The courts have started to apply criminal law measures more widely, to terminate criminal cases, exempt minors from criminal liability and punishment, and to use reconciliation programs. This lead to the reduction of both the number of young offenders institutions and the number of their inmates. At the same time, there is a trend for a harsher response of the state to some crimes of minors, which shows that the trend for the humanization of criminal policy concerning them is unstable. Widening the list of Articles included in Art. 20 of the Criminal Code of the Russian Federation, for which the age of responsibility is 14, development of draft laws providing for the reduction of the age of criminal responsibility to 12 years for very grave crimes by the State Dumas Committee for the Development of Civil Society, and others, testify to the inconsistency of lawmaking work and the absence of adequate understanding of the essence of juvenile crime. The authors show that it is necessary to widen the application of double prevention norms: it is suggested that in each case of juvenile crime it is reasonable to raise the question of prosecuting parents for non-fulfillment or undue fulfillment of child-rearing obligations when there are grounds for such prosecution (Art. 156 of the Criminal Code of the Russian Federation). It is also recommended to widen the application of norms of liability for involving minors in crimes and other anti-social actions.
49
Sysoeva, Anastasiya. "The evolution of punishment in the form of deprivation of liberty in the process of the historical development of Russia". Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, n.º 2 (6 de julho de 2022): 233–38. http://dx.doi.org/10.36511/2078-5356-2022-2-233-238.
Texto completo da fonteResumo:
Within the framework of this study, a retrospective analysis of the appointment and serving of a sentence of imprisonment in Russia is carried out. The author analyzes a number of normative sources that have had a significant impact on punishment in the form of deprivation of liberty, and also focuses on external factors against which the formation of the penitentiary system in Russia takes place. The article proposes the author’s vision of the key determinants of the development of the penitentiary system in general and punishment in the form of deprivation of liberty in particular. These determinants are, firstly, changes in the socio-economic and political life of society, and secondly, the refraction of the purpose of punishment depending on such changes. As the main result of the study, the author conducts a periodization of the history of the formation and development of punishment in the form of deprivation of liberty in the Russian state according to the criterion of changing the purpose of punishment. The author identifies four key stages in the history of punishment in the form of deprivation of liberty, the transition between which is marked by fundamental refractions of the purpose of punishment. In turn, the change in the purpose of punishment is directly related to socio-political, socio-economic and cultural changes in the Russian state.
50
Menkouski, V. I., e L. A. Dubinka-Hushcha. "Lenin in 2020: history politics in Putin’s Russia". BULLETIN of the L.N. Gumilyov Eurasian National University. Historical sciences. Philosophy. Religion Series 137, n.º 4 (2021): 46–59. http://dx.doi.org/10.32523/2616-7255-2021-137-4-46-59.
Texto completo da fonteResumo:
The article analyses the historical policy of the Russian Federation and its modern memorial culture areas. The study applies the case studies methodology, i.e., «study of individual cases», «analysis of a single case». The object of study is a socio-political situation associated with the 150th anniversary of V.I. Lenin. An analysis examines the transformation of the contradictory Leninist image in the Russian Federation and the attitude of various social and power structures, based on specific sociological surveys. A thorough study of empirical material allowed us to analyze the basic functions of the historical policy of the Russian Federation at the present stage. It became possible to analyze the interaction and mutual influence of the corporation of professional historians and Russian power structures, the behavior of state and public actors in the process of forming and implementing historical politics and memorial culture. The goal and objectives of the elites and other social strata in the implemented historical policy may coincide, partially correlate or contradict, but in the “Lenin case”, the situation was complicated by the absence of a scientifically defined object of this policy. Both the authorities and society expressed their attitude not to the existing V.I. Ulyanov (Lenin), but to those legendary (or mythical) images that were created in different periods with completely different goals.