Vol 3 -No 3-4 (2018)
Afanasyev M. V.
- Features of the regulation of criminal responsibility for crimes committed while intoxicated during the Soviet period
ABSTRACT. In the article, from the position of a historical approach, the features of the regulation of criminal responsibility for crimes committed while intoxicated under Soviet criminal law are considered. A comparative description of the Soviet and current criminal legislation in terms of the conditions of criminal responsibility of persons who have committed crimes while intoxicated is given.
Keywords: criminal law, Soviet criminal law, state of intoxication, legal liability.
Borodina O.A.
- Criminological examination of draft legal acts by the prosecution authorities of the Republic of Belarus: a comparative legal analysis
Abstract: The article is devoted to the comparative legal aspects of understanding criminological expertise of draft legal acts by the prosecution authorities of the Republic of Belarus.
Keywords: criminological expertise, regulatory legal act, prosecutor’s office, Republic of Belarus.
Evseeva E.V.
- Ways to improve the performance of prosecutorial supervision over the observance of the housing rights of orphans and children left without parental care
Abstract: The article considers actual problems of increase prosecutors supervision to compliance law of housing rights of child-orphans and children left without parental care (hereinafter- orphans) and way to solve them.
Keywords: Prosecutor’s supervision, orphans, children left without parental care, the right to housing.
Esirpekova M.M.
- Legislation of the Republic of Kazakhstan on countering international terrorism
Abstract: The article deals with legal analysis of counteraction to international terrorism. Threats of a terrorist nature in the territory of neighboring countries create an opportunity for Kazakhstan to involve international terrorist organizations and centers in the circle of their interests. These parties the leaders and members of foreign extremist organizations use methods of conspiracy, various methods of communication, counterfeit documents for penetration into the region. Therefore, cooperation for the identification of these persons of all interested state bodies becomes especially urgent.
Keywords: Terrorism, international terrorism, security, extremism.
Kuznetsov A.O.
Chesnokov N.A.
- The challenge of balancing the extent of public danger of criminal acts and penalties in the light of the principle of justice implemented in the Criminal Code of the Russian Federation
Abstract: The article intends to analyse of the principle of justice through relating social institutions and values protected by criminal law to penalties for offending them. The authors explore how the extent of public danger of a criminal act is balanced by punishment as means of public enforcement.
Keywords: Justice, principle of justice, public danger, extent of public danger, penalty, penalty limits, proportionality in sentencing
Nigmatullin R.V.
- Some problems of counteraction to illegal migration in Russia
Annotation: the article discusses in detail the problems of countering illegal migration in Russia. The statistical data of several international organizations concerning migration processes are presented. The main directions of the modern state migration policy of the Russian Federation are revealed.
Keywords: migration; migrants; UN; migration policy; terrorism; MIA
Poplyueva K.A.
- «Hate speech»: some problematic issues of qualifying crimes aimed at inciting national hatred in social networks
Abstract: The article deals with the issue of qualifying crimes of an extremist nature aimed at inciting hatred, hostility, humiliation of a person’s dignity on the grounds of gender, race, nationality and other grounds established by article 282 of the Criminal Code of the Russian Federation. The statistics of extremist crimes is given. It has been established that today there is a problem with a uniform understanding of the characteristic signs of extremism, a clear understanding of which is necessary for the imposition of a fair punishment on persons promoting incitement of ethnic hatred and hostility. Examples from judicial practice on problematic issues of the application of Article 282 of the Criminal Code of the Russian Federation allow identifying the most “weak points” when qualifying crimes of this type. Particular attention is paid to the issues of qualification of extremist crimes in social networks. The author has developed recommendations that can contribute to the correct qualification of the acts, according to this article.
Keywords: Extremism, incitement to hatred, hostility, social networks, Like, repost, extremist crimes, “Hate speech”.
Sereda O.V.
- Some aspects of the enforcement nature of the rules of the norms 2, Art. 205.2 of the Criminal Code
Аbstract: The article deals with the characteristics of crimes under part 2 of article 205.2 of the criminal code - for «repost» in social networks, statistics of penalties imposed on them. The possibility of applying the pre – trial agreement in the investigation of these crimes and the possibility of evading the responsibility of the original authors of the disseminated information on terrorism are considered. Examples of preventive measures for this type of crime among young people are given.
Keywords: Terrorism, national security, Internet crime, pre-trial agreement, misinformation, crime prevention.
Shelkoshvane E.V.
Shelkoshvayn Yu.S.
- Drug trafficking as a threat to national security
Annotation: This article examines certain aspects of illicit drug trafficking as a threat to the national security of the state. Practice materials are analyzed. The relevant conclusions on the research topic are summarized.
Keywords: drugs, drug trafficking, national security, state
Shishikin V.V.
- Theory-applied aspect of the investigation of crimes of a terrorist nature
Annotation: this article discusses certain aspects of the investigation of crimes of a terrorist nature, provides a criminal law characteristic of such crimes and a forensic characterization of the composition of art. 205 of the Criminal Code of the Russian Federation, and also reveals the applied features of carrying out separate investigative actions in the framework of the investigation of terrorist acts.
Keywords: terrorism, terrorist act, national security, forensic characterization, tactical operation, inspection of the scene, interrogation, examination.