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No 7 (2017)
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ВЕКТОР ЮРИДИЧЕСКОЙ НАУ КИ

10-18 298
Abstract
The article complements the knowledge of common approaches to understanding criminal behavior. The study of crime cannot but be based on person’s general views of the nature of his or her own existence. Regrettably, crime constitutes an integral part of human behavior. At the same time, the explanation of the criminal conduct of a person has always agitated the minds of the greatest scientists in various historical eras. The very explanation of criminal conduct inevitably leads to reflection about the future status of crime, types and forms of criminal acts, what the criminal would be in the future, whether the demise of criminal behavior is possible. It is suggested that it is possible and necessary not only to combat crime, but also to eliminate crime unconditionally, and to reduce its manifestations to individual excesses. This is the key to the future existence of human civilization on Earth. Conclusions presented in the article could be used in making normative-legal acts aimed at fighting against crime, as well as in training of legal practitioners.
19-23 262
Abstract
The article highlights the main features of organized and corruption crime that urgently require their real and correct perception and understanding in the context of the constant growth of organized and corruption crime in modern Russian reality. The author emphasizes close interconnectedness and interdependence of organized and corruption crime. In view of inevitable and organic merging and consolidation of representatives of traditional criminal and power-official elites, the author defines and describes the basic principles for fighting against organized and corrupt crime; the main areas of the fight against organized and corrupt crime have been identified.
24-36 338
Abstract
The article analyses a historical path of the doctrine of the criminal. The paper provides a detailed consistent empirical survey of the criminal in the context of certain methodological positions with the help of relevant research methods. With the advent of the criminology science in the second half of the 19th century, a born criminal named a criminal human has firmly entered scientific research. A lot was made by Cesare Lombroso and Entico Ferri to study and argue the idea of a criminal human. The article thoroughly examines approaches to the identity of the offender based on the social, biological, psychological, genetic and anatomical features of human development. Domestic criminology has always paid a great deal of attention to the interrelation between social and biological elements in a crime, which, of course, is of great importance for the theory and practice.
37-41 160
Abstract
The article defines multidimensional solutions of the problems of legal regulation of activities of the entities providing national accord in the Russian Federation in order to achieve positive practical results. Even emerging positive developments in the area of inter-ethnic relations in the Russian Federation do not exclude the need for continuous improvement of activities of relevant State structures and public associations in this regard. Today, in the light of the research, it is particularly important to perform a monographic study of the personality of the migrant offender. It is in this particular context that one can hope for an objective assessment of criminogenic situation in Moscow and in other regions where migrants traditionally stay.
42-49 303
Abstract
The article presents an issue that has been hotly debated in the legal science, in the human rights protection community and professional community for quite a long time, i.e. exemption of convicts from serving a criminal sentence due to illness. Currently, there are quite serious disagreements in the ways it can be resolved: lack of an integrated approach; application of outdated and conflicting norms, gaps in legislation, etc. It is the lack of an integrated approach to resolving difficulties that accompanies exemption of convicts from serving a criminal sentence due to illness. The author suggests solutions to the problem.
50-54 412
Abstract
The article defines some current trends in the development of the penal policy at the present stage that are directly related to the criminal situation in institutions that enforce penal sanctions and to controversies in a number of legal and regulatory acts. The following factors are highlighted as having a negative impact on the current state of the penalpolicy: weak and insufficiently developed normative framework for the implementation of international instruments; contradictions between the provisions of the Criminal Code of the Russian Federation and the Criminal Procedure of the Russian Federation; lack of a specific mechanism for implementation of a number of legal and regulatory acts relating to the scope of criminal sanctions enforcement.
55-61 202
Abstract
The article defines the issues of pedagogical ethics and professional qualities of the legal practitioner, the style of pedagogical activities and attitudes to work. The structural elements of the lawyer’s psychological and pedagogical culture are highlighted. These include: pedagogical orientation in work, psychological and pedagogical erudition, intellectual and moral qualities, pedagogical skills, a totality of personal qualities, communicative competence, self-improvement. It emphasizes peculiarities of pedagogical orientation as a system of legal objectives, professional views and beliefs that have a significant impact on the content and results of professional activity. The author differentiates psychological and pedagogical skills of the lawyer as a psychologist, as a teacher and as an educator, which defines psychological and pedagogical culture of the legal practitioner as a complex and multifaceted phenomenon.
62-68 232
Abstract
The article examines the prospects for the development of domestic Penal Law in view of relevance of conceptual ideas presented in the second half of the last century by Professor Nikolay A. Struchkov One of them is to systematize the penal procedural rules into a separate system. This idea has been developed in this article within the framework of the concept that amounts to the idea that in the process of preparing various drafts and discussing provisions of the new Penal Code of the Russian Federation the concept defined by Professor Nikolay A. Struchkov is the most relevant and most acceptable one. This concept requires further study and understanding in today's realities.
69-76 198
Abstract
The article thoroughly discusses the question of differentiating criminal, penal and criminal procedure regulation and related issues. In the absence of a systematic approach to the limits of penal regulation (among all criminal law measures applied to the persons committing crimes they are more or less appropriately used with regard to punishment and conditional conviction) and to “duplication” of certain aspects of criminal penalties enforcement in the Criminal Code of the Russian Federation, it seems necessary to regulate the main aspects of executing all criminal law measures in the Criminal Procedure Code of the Russian Federation. Due to the lack of regulation of various issues at the enforcement phase of the sentence, it is considered appropriate to divide it into stages, the penal regulation being referred to the stage of initiating proceedings.
77-94 205
Abstract
The article deals with the issues of introducing a “social lifts” technology into the penitentiary system. The paper defines criminological and psychological foundations of social and psychological adaptation of convicts serving sentences in places of deprivation of liberty; analyzes psychological forms of overcoming barriers and impediments to social mobility. The article presents the results of recent surveys confirming the positive impact of the psychological training program on the behavior of convicts seeking upgrading social mobility. The most efficient organizational and methodical forms are: psychological training; videotraining; business and role-playing; psychological counseling; psychological diagnosis and interpretation of its results. Positive figures for these forms are supported by specific statistics.
95-110 183
Abstract
The article is devoted to the study of psychological phenomena arising in situations of occupational risk, life and health risks that require extreme competence, i.e. the ability to properly mobilize physical and moral-psychological qualities and forces. Security is defined as the of protection of vital interests of the individual, society and the State from internal and external threats. Among existing approaches to providing security preference is given to elimination of the threat that is the very source of danger. Therefore, it is important to be able to adequately assess the risk of the situation and the degree of success and failure of undertaken actions. There are different approaches to classifying extreme situations, in any of which stress resistance amounts to a combination of human capabilities and opportunities to overcome various extreme situations, and it can be attributed to the most significant part of the professional competence of the lawyer. The paper identifies critical psychological factors that determine the stress overcoming behavior of the lawyer in extreme situations that allows for the development of professional stress resistance.
111-123 733
Abstract
The article is devoted to the analysis of psychological and criminological characteristics of the personalities of internal affairs bodies employees convicted of corruption. The development of the generalized psychological and criminological characteristics of the criminal’s personality involved the study of: 1) the main socio-demographic parameters (age, length of service in the internal affairs bodies, education, gender, marital status, etc.); 2) psychological characteristics of the personalities of corrupt officials. The analysis was conducted by means of theoretical material on the research problem; current employees of internal affairs bodies and employees convicted of corruption-oriented crimes (a total of 1337 people) underwent a psychological testing. The peculiarities of the collective image (psychological and criminological portrait) of a corrupt official has been determined, which makes it possible to carry out preventive psycho-diagnostic measures in the framework of preventive measures, to predict the tendency of acting employees to corruptly dangerous acts, and also to carry out successful corrective and preventive work.
124-134 201
Abstract
The article provides the assessment of the level of criminalization of the society based on the statistical indicators. The problem of negative influence of the growing latent crimes on the attitude of the population towards law enforcement bodies holds a special place. When assessing the level of society criminalization, one should also take into account such characteristics of criminality that make it impossible to unequivocally assess the criminal situation in the country as safe. Latent crimes currently occupy an overwhelming part of real crimes, which carries a number of serious negative consequences, first of all, a decrease in the level of protection of the people and, as a consequence, a negative attitude of the population towards law enforcement agencies. A clear indicator of the level of criminalization of the society is the state and trends of organized crime. Increasing consistency of crimes, which the number of repeated crime proves, affects the growth of professional crime.
135-154 183
Abstract
The article gives an analysis of transnational crime in the sphere of drug trafficking over the past ten years and its impact on certain regions as a real threat to the world community. The authors emphasize the consistency of drug consumption in the world, as well as the invariability of the places of their manufacture and cultivation. The regions with the largest and least seizure of drugs are named. The main sources of this giant criminal business are currently three regions: Afghanistan, South-east Asia (Myanmar) and Latin America (in Mexico and Colombia). Drug trafficking by land accounts for 60 per cent of the total volume and number of seizures, during which an average of 190 kg was seized. The authors consider the practice of law enforcement agencies on the detection and seizure of drugs.
155-167 212
Abstract
The article contains a criminological study of financial irregularities in education. The analysis of approaches to this issue in the literature allowed the author to formulate the concept and the main features of financial irregularities in education, their criteria and varieties, the cause-factor complexes of financial irregularities.

TRIBUNE FOR YOUNG SCIENTIST

168-172 341
Abstract
The article reveals financial violations, their differences from other types of economic offenses and related to the category of complex legal relations violations, which are a kind of legal behaviour in the sphere of financial activity of the state. Specific features of financial crimes are distinguished and then form the basis for differentiation these ones from other groups of economic crimes.
173-182 302
Abstract
This article considers preventive detention as a measure of correction and security in the criminal law of Germany. The author determines the problems associated with the use of preventive detention in Germany, including the problem of legal nature, as well as its compliance with the classical criminal law principle “ne bis in idem”. The correct solution of the problems associated with the use of preventive detention depends on the correct definition of its legal nature. The German legislator clearly delineated the sentence of imprisonment and preventive detention. As a result of the introduced changes, the German institution of preventive detention has undergone significant transformation. The problems of the use of preventive detention are an integral part of a more global problem of duality in the criminal legal consequences of the act: the problem of correlation of criminal responsibility and other measures of a criminal legal nature. This problem is also relevant for the Russian criminal law.
183-191 175
Abstract
The article details the features of victims of the actions of black realtors. The author considers different definitions of the realtor activity, establishes the connection between the crimes committed by black realtors and crimes committed by representatives of large intermediary enterprises in the field of real estate redistribution. The author traces the correlation dependence of the cases of the client’s death and the transition of the apartments of these clients to the ownership of real estate enterprises. The findings will make it possible to work on the improvement of national legislation in the area of sale and purchase of apartments and other real estate. These findings can be used in the preparation of regulations governing the sale of apartments, as well as the general activities of realtors.
192-200 302
Abstract
The article examines various types of crimes, which one way or another, can be related to the shadow economy. The author establishes the distinctions between crimes committed in the economic sphere (Chapter 22 of the Criminal Code of the Russian Federation), and other types of crimes that are somehow connected with the shadow economy. The correlation dependence of shadow economic activity on the legal economy is determined. The conclusions given in the article can be used in the preparation of normative and legal acts regulating the economic activities of the state, as well as in the sphere of combating economic crime. In addition, the conclusions of the article can be used in the assessment of attribution to crimes related to the shadow economy of new types of crimes.
201-207 250
Abstract
The article deals with the causal complex of crimes committed by minors in detention facilities. The relevance of this issue is confirmed by the following indicators: the number of prevented intentions and deeds remains at a high level; the level of crime among convicts in the juvenile correctional facilities has increased to more than double; such an indicator as the level of violations of the established order of serving a sentence has doubled. In 2016, for the commission of various offenses, 825 minors were placed in the pre-trial detention faciity The leading causes of criminal activity of convicted minors lie in the very nature of such criminal punishment as deprivation of liberty. The author analyzes the features of the dynamics of crime in detention facillities and the factors that determine the crimes of this type.
208-212 175
Abstract
The article deals with the causal complex of the decriminalization of domestic abuse which is being widely discussed among criminology scientists. There is a problem of the move of some criminal acts to the category of administrative, disciplinary and other offenses or lawful actions. The author analyses the arguments against the decriminalization of domestic abuse. The author concludes that at present time decriminalization of domestic abuse is unacceptable, therefore, it is necessary to preserve criminal responsibility for abusing relatives.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

LAW IN HISTORICAL REFRACTION. Legal Monuments

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

ИЗ ПЕРИОДИКИ ПРОШЛОГО

ПОСТСКРИПТУМ КОПИРАЙТ ОРАТОРА



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)