Suchergebnisse

On the basis of the conducted research on the directions of the criminal and penal–executive policy with regard to minors, the author of the article draws the following conclusions. The processes of humanization of criminal and penal enforcement laws affect under–age criminals, adjusting the procedure for appointing and executing criminal punishment, including deprivation of liberty. Despite these trends in recent years, the problem of juvenile delinquency is a fairly massive social and legal phenomenon. Thus, the analysis of statistical data has shown that juvenile delinquency grows 7 times faster than the total number of the population of this age group changes, and in some regions, minors determine the crime situation as a whole. The reason for repeated crimes committed by former juvenile convicts is that returning part of this category of people to the society is predisposed to spreading and propagating criminal "prison" traditions and customs among their peers, as well as among younger people, which contributes to the support and growth of criminogenic the potential of society. One of the directions of the criminal and penitentiary policy of Russia is the penitentiary and post-penitentiary resocialization of persons serving sentences in the form of deprivation of liberty, in particular minors. Thus, the process of training juveniles sentenced to release and creating conditions for their full integration into society is the most important task not only of educational colonies, but also of government bodies and civil society institutions. The absence of a federal law on the social adaptation of persons released from places of deprivation of liberty creates difficulties for minors in the process of resocialization. Adoption of this law is an important component and the main content of the law should be the establishment of strict control over the behavior of these individuals, and mainly the guarantee of state aid to them in the process of returning to normal life in society.

The article examines the key aspects of sentencing Japanese war criminals. Particular attention is paid to the study of the Tokyo process and its results. The paper also details the participation of the Soviet Union in the investigation of crimes committed by Japanese soldiers during the Second World War.

Still in Russia and abroad, questions about implementation of the right to life and right to death are controversial, and as a consequence, the threat of killing the person by the use of euthanasia does not cease to be relevant. Russian criminal law provides criminal responsibility for the murder, which is a variety of ways, however, standards meeting the requirements of the safe existence of terminally ill people, including those not able to be fully aware of the incurability of the disease, is not provided. The legislator attempted criminal prohibitions of the use of euthanasia, however, in the current criminal law of the Russian Federation the data of rules. In this connection, many questions of law enforcement practice in the sphere of criminal-law protection of the safety of life and human health remain uncertain. The given circumstances testify to the fact that the study of issues of qualification of crimes against life and health becomes more fundamental. The article analyzes the problematic issues of demarcation of euthanasia from murder and suicide, and the author's article, providing for the criminal-legal prohibition of the use of euthanasia that will contribute to the improvement of law enforcement practice.

УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability) is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1) By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility) is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2) Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3) Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4) The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility), and in a simplified manner. 5) Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6) Customization repression (in fact – of criminal responsibility) in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough justice (Pt. 1, Art. 6 of the Criminal Code). 7) Rules of court fine actually allow re-use of penalties and, moreover, consistent application of the two main types of punishment, although no one can be held criminally responsible twice for the same offense (Pt. 2, Art. 6 of the Criminal Code). ; УДК 343.2В уголовном законодательстве формируется новый институт репрессивных мер, применяемых вне уголовной ответственности, в том числе в качестве условия освобождения от уголовной ответственности. Этот процесс свидетельствует о глубоком кризисе современного уголовного права. Предписания уголовного закона о денежном возмещении и судебном штрафе следует исключить.

Статья посвящена вопросам уголовной ответственности несовершеннолетних в соответствии с российским законодательством и эффективности уголовного наказания как формального инструмента предупреждения подростковой преступности. Уделено внимание практическому применению отдельных видов наказаний в отношении лиц, не достигших 18-ти лет. Рассмотрены последствия эмансипации несовершеннолетних, противоречия в законодательстве по защите прав несовершеннолетних и вопросы назначения несовершеннолетним наказаний в виде штрафа и лишения заниматься определённой деятельностью. Внесены предложения по совершенствованию главы 14 Уголовного кодекса Российской Федерации. Устанавливается, что лишение права заниматься определённой деятельностью как вид наказания, не связанный с лишением свободы, является мерой уголовно-правового воздействия, установленной законом по отношению к эмансипированным несовершеннолетним. ; The article discusses the criminal liability of minors in accordance with Russian legislation and the issue of the effectiveness of criminal sanctions as a formal tool for the prevention of juvenile delinquency. Author pays attention to current issues of practical application of punishment assignments in respect of the persons under eighteen. Article has view about consequences of the minors' emancipation, the existent contradictions in the legislation on minors' right protection and questions of setting a fine punishment and deprivation of the right to engage in certain activities to minors. The author makes proposal on improvement of Chapter 14 of the Criminal Code of the RF.

The subject of the research is the criminal community, its characteristics, and features within the framework of criminology.The purpose of the research is to confirm or disprove hypothesis that a criminal community as a criminological phenomenon is nor equal to a criminal organization or an organized criminal groupMethodology. The author uses general theoretical methods (comparative analysis, generalization, deduction) and specific methods (formal legal interpretation of legal acts, questionnaires).The main results, scope of application. A criminal organization and a criminal community are different criminological phenomena that differ from each other in significant ways. The differences are both in the degree of criminal organization, and the complexity of the structure of internal and external interaction. From the point of view of a systematic approach, a criminal community is not only a more complex system compared to a criminal organization. It is characterized by an improved structure of internal interaction, in which the hierarchical structure is either complicated, or replaced or supplemented by a network structure. The peculiarity is to complement the system approach with a synergistic one: in the criminal community, the pooling of criminal efforts is carried out more effectively, mainly in the sphere of external relations. The criminal community is a more open system compared to the criminal organization. Certain features can be identified in the contacts of criminal community members with the external environment. The most important feature is a symbiosis of criminal and legal practices that affects the life of entire regions or relatively large masses of the population. The criminal community is a purposeful system with its own specifics. And this specificity is seen in the fact that the criminal community pursues (secretly or openly, at the moment or in the foreseeable future) the achievement of political goals, namely: the possession of power, infiltration into power, undermining power, its capture and retention. It is power, not wealth, that is the real goal of the criminal community, and not just because it is easily converted into wealth. Power is valuable in itself, because it also gives a lot of other advantages.Conclusions. A criminal community cannot be reduced to a criminal organization, much less – to an organized criminal group, and this conclusion requires to be included into legislation. ; Статья посвящена изучению особенностей преступных сообществ с позиций криминологической науки. Отмечается, что преступная организация и преступное сообщество – это различные криминологические феномены, отличающиеся друг от друга по существенным признакам. Преступное сообщество преследует достижение политических целей, а именно: обладания властью, инфильтрации во власть, подрыва власти, ее захвата и удержания. Подчеркивается, что именно власть, а не богатство является настоящей целью деятельности преступного сообщества. При этом, наряду с легальной властью существует криминальная власть, а также симбиоз между ними. Сделан вывод о том, что преступное сообщество не может быть сведено к преступной орга-низации и тем более – к организованной преступной группе.

В статье рассматриваются некоторые исторические аспекты российского законодательства о вовлечении несовершеннолетнего в совершение преступно - наказуемого деяния, анализируются объективные, субъективные и квалифицирующие признаки данного состава преступления, сложившаяся судебная практика и официальные данные ведомственной статистики Судебного Департамента при Верховном суде Российской федерации и Министерства Внутренних Дел Российской Федерации, в целях разработки предложений по внесению изменений и дополнений в действующее законодательство Российской Федерации, касающегося ответственности за вовлечение несовершеннолетнего в совершение преступления. ; The article discusses some historical aspects of Russian legislation on involving a minor in the commission of a criminal offense, analyzes the objective, subjective and qualifying features of this crime, the prevailing judicial practice and official data of departmental statistics of the Judicial Department under the Supreme Court of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation, in order to develop proposals for amendments and additions to the current legislation of the Russian Federation regarding liability for involving a minor in a crime.

The article is devoted to the study of the law enforcement of criminal punishment in the form of restriction of freedom and its significance in the system of punishment. Modern trends in the economy and social life in the country determine the policy of gradual humanization of punishment for some crimes while increasing the punishment for others. This process is accompanied by the introduction of new, previously not applied forms of punishment, which should serve as an alternative to imprisonment for a certain period. The analysis of statistical data on the application of punishment with isolation from society to various categories of convicts shows that the use of deprivation of liberty should be reduced, especially for minors and women. By limiting the use of punishment in the form of imprisonment, it is possible to protect the individual from the influence of the criminal environment. Punishment in the form of restriction of freedom allows achieving the goals of criminal punishment without deprivation of liberty and isolation from society. When considering the nature of punishment in the form of restriction of freedom should pay attention to such a legal structure as a conditional sentence. In the criminal-Executive practice, the punishment in the form of restriction of freedom and conditional conviction are implemented almost identically, but in the science of criminal law, there is no common position on the legal nature of the conditional conviction. The most important difference between restriction of freedom and conditional conviction is that the scope of restrictions on the right of a convicted person to punishment in the form of restriction of freedom is established in the law, and it is exhaustive, and the scope of restrictions on the right of a probationer can be both narrowed and expanded. Creation of alternatives to punishment in the form of imprisonment is one of the most important directions of modern criminal policy, both in Russia and abroad. This type of punishment in the future can be more ...

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The immunities from criminal responsibility in this research work involve immunities from criminal jurisdiction, immunities from criminal persecution, inviolability of the great officers of state, some guarantees of their activities which are regulated in different acts. The subject of this research work is the immunity peculiarities guaranteed by respective laws for above mentioned groups of people. The investigation of this work deals not only with rules of the Constitution of the Republic of Lithuania, Criminal and Criminal process codes, national and international laws, which regulate immunities of some groups of people, but also with the practice of these rules and nonfiction literature. The purpose of this research work is to determine the definitions of the immunities in the criminal process and criminal persecution, to estimate the meaning of the immunities, their character and implementation, to analyse the ambit and peculiarities of the immunities which are given to certain people, to explore the relation between the principle of individual criminal jurisdiction and international immunities. This research work consists of four chapters. The first chapter concentrates mostly on theoretical subjects such as the explication of the definitions of the immunities, criminal responsibility and criminal persecution, their theoretical grounding. The second chapter approaches the peculiarities of the national immunities which are given to the President of the Republic of Lithuania, to the members of the Lithuanian Parliament and Government, the judges of the Lithuanian Constitutional Court and others courts, and the officers of Lithuanian law and order. Most attention is given to analyse the national laws of Lithuania. The international immunities are discussed in the third chapter. These immunities are used by the diplomatic missions and the members of the diplomatic stuff, the consular post and the members of the consular staff, international organizations, also their officer special missions and their members. There is a research of the international Conventions in this chapter. According to the constitutive documents and the practice of the international courts the fourth chapter shows the relation between the principle of individual criminal responsibility and international immunities.

The immunities from criminal responsibility in this research work involve immunities from criminal jurisdiction, immunities from criminal persecution, inviolability of the great officers of state, some guarantees of their activities which are regulated in different acts. The subject of this research work is the immunity peculiarities guaranteed by respective laws for above mentioned groups of people. The investigation of this work deals not only with rules of the Constitution of the Republic of Lithuania, Criminal and Criminal process codes, national and international laws, which regulate immunities of some groups of people, but also with the practice of these rules and nonfiction literature. The purpose of this research work is to determine the definitions of the immunities in the criminal process and criminal persecution, to estimate the meaning of the immunities, their character and implementation, to analyse the ambit and peculiarities of the immunities which are given to certain people, to explore the relation between the principle of individual criminal jurisdiction and international immunities. This research work consists of four chapters. The first chapter concentrates mostly on theoretical subjects such as the explication of the definitions of the immunities, criminal responsibility and criminal persecution, their theoretical grounding. The second chapter approaches the peculiarities of the national immunities which are given to the President of the Republic of Lithuania, to the members of the Lithuanian Parliament and Government, the judges of the Lithuanian Constitutional Court and others courts, and the officers of Lithuanian law and order. Most attention is given to analyse the national laws of Lithuania. The international immunities are discussed in the third chapter. These immunities are used by the diplomatic missions and the members of the diplomatic stuff, the consular post and the members of the consular staff, international organizations, also their officer special missions and their members. There is a research of the international Conventions in this chapter. According to the constitutive documents and the practice of the international courts the fourth chapter shows the relation between the principle of individual criminal responsibility and international immunities.

The immunities from criminal responsibility in this research work involve immunities from criminal jurisdiction, immunities from criminal persecution, inviolability of the great officers of state, some guarantees of their activities which are regulated in different acts. The subject of this research work is the immunity peculiarities guaranteed by respective laws for above mentioned groups of people. The investigation of this work deals not only with rules of the Constitution of the Republic of Lithuania, Criminal and Criminal process codes, national and international laws, which regulate immunities of some groups of people, but also with the practice of these rules and nonfiction literature. The purpose of this research work is to determine the definitions of the immunities in the criminal process and criminal persecution, to estimate the meaning of the immunities, their character and implementation, to analyse the ambit and peculiarities of the immunities which are given to certain people, to explore the relation between the principle of individual criminal jurisdiction and international immunities. This research work consists of four chapters. The first chapter concentrates mostly on theoretical subjects such as the explication of the definitions of the immunities, criminal responsibility and criminal persecution, their theoretical grounding. The second chapter approaches the peculiarities of the national immunities which are given to the President of the Republic of Lithuania, to the members of the Lithuanian Parliament and Government, the judges of the Lithuanian Constitutional Court and others courts, and the officers of Lithuanian law and order. Most attention is given to analyse the national laws of Lithuania. The international immunities are discussed in the third chapter. These immunities are used by the diplomatic missions and the members of the diplomatic stuff, the consular post and the members of the consular staff, international organizations, also their officer special missions and their members. There is a research of the international Conventions in this chapter. According to the constitutive documents and the practice of the international courts the fourth chapter shows the relation between the principle of individual criminal responsibility and international immunities.