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No 9 (2018)

ПЕРСПЕКТИВЫ РАЗВИТИЯ КРИМИНОЛОГИИ (К 30-ЛЕТИЮ КАФЕДРЫ КРИМИНОЛОГИИ И УГОЛОВНО-ИСПОЛНИТЕЛЬНОГО ПРАВА МОСКОВСКОГО ГОСУДАРСТВЕННОГО ЮРИДИЧЕСКОГО УНИВЕРСИТЕТА ИМЕНИ О.Е. КУТАФИНА (МГЮА)

9-22 566
Abstract
Theoretical jurisprudence witnesses a certain methodological crisis, the essence of which is that modern research and studies, in fact, do not enhance the methodology of jurisprudence with new approaches; and the available approaches are just variations, and not always successful, of already known ones. The current state of affairs reflects the objectivity of the results of the legal issues examination, their reliability and scientific character. Meanwhile, the study of social processes, in particular those associated with the operation of law rules, the formation and necessary changes in the system of law can be presented in a new perspective taking into account the analysis of the dynamics of law rules implementation, determination of non-lineal regularities, examination of various and multi-vector manifestations of legal relations in the social system coordinates, the study of other social phenomena on the basis of the system approach and mathematical calculations. In the article, as applied to jurisprudence, mathematical methods are determined to model social and legal phenomena: 1) law-making; 2) law interpretation; 3) law enforcement; 4) law protection; 5) legal education. In a more specific form, mathematical logic is used to explain criminal behavior of a person, to detect a criminal and prosecute him if he tries to avoid responsibility for what he has committed. Using the theory of probability, it became possible to develop a forensic profile examination, and, a little later,- to come to a fingerprint examination. Mathematical regularities made it possible to establish the objectivity of conclusions of handwriting examinations. Today, mathematical methods in jurisprudence result in the formation of an independent comprehensive scientific approach, namely: forensic examination. Simultaneously, with the help of legal statistics, it was possible to identify stable patterns of crime as a mass socionegative phenomenon. The geometric idea had a significant impact on the structure of scientific knowledge in the legal world and on the structure of legislation, since the existence of common parts in the codes, as well as placing rules concerning the principles of law at the beginning of certain laws, is an unconditional tradition of geometric planar jurisprudence. The article concludes that the system of criminal legislation cannot be ideal and cannot be fixed once and for all. We live in the Euclidean system of criminal law, although for a long time another, more complex geometric system-the imaginary geometry of Lobachevsky or spatial geometry-has been applied.
23-28 360
Abstract
The article analyzes the current state of educational and scientific coverage of criminology. The method of researching and analyzing resources associated with the didactic and methodological support of criminology and applied during the preparation of the article makes it possible to disclose dialectical interrelation between its development as an academic discipline and ongoing scientific research. The author describes scientific and academic life of the Department of Criminology and Penal Law of the Kutafin Moscow State Law (MSAL) using the examples of the development of criminology, combination of its classical foundations.
29-38 577
Abstract
Reflections of scholars on the future of criminology have become acute. This is not just a natural process of its development, but the reaction to the existing uncertainty in the formation of its future methodological principles and the reflection of a complex, contradictory and even destructive period of reforming basic foundations of the society itself with negative forecasts of its development. The direction of the future criminology development, to a significant extent, will depend on the format and degree of perfection of the future society. The need to modernize conceptual and theoretical foundations of fundamental criminology in the face of changing forms and dimensions of crime is now universally recognized, with many basic categories of criminological science being under consideration and not receiving satisfactory answers because of the researchers' adherence to outdated theoretical views. Today, there is a need to create conceptual foundations for the future criminology as an integrative science with the perspective use of ideas put forward and grounded by philosophical and psychological science and, possibly, esoteric provisions that have not been included in the methodology of criminology so far but could be useful for solving criminological problems . It is necessary to support proposals for determining and substantiating fundamentally new approaches to expanding methodological and theoretical arsenals of criminology, for uniting the efforts of representatives of all humanitarian and even natural and exact sciences. It seems important to actualize the problem of the possibility and expediency of using a humane-personal approach as a counterweight to total robotization and violence, as well as critical rethinking of established views on the omnipotence of belligerent solution of social problems, including crime. The assumption that any crime is a manifestation of not just immorality, but spiritual slavery (with the only exception when the state itself and its laws are criminal) needs thorough specific examination. Speaking about inadmissibility of exaggerating the role of compulsory methods of ensuring public security and increase in the degree of tolerance of society to deviant behavior, we must also see a certain limit that can not be overstepped in order not to disturb the delicate balance between human rights and public security interests.
39-53 451
Abstract
The author considers prevention of crimes as a form of social administration that includes two groups of measures: the measures not associated with the limitation of rights and freedoms (stimulating warning) and the measures related to the restriction of citizens' rights and freedoms (restrictive warning). The last group includes safety rules and the sanctions that are imposed for their violation, enforcement and restoration. The limits of application of precautionary measures should be differentiated in relation to each of the groups mentioned. The limits of application and the intensity of stimulating measures are mainly determined by the availability of resources to the person subjected to the application of such measures and the desire of the person subjected to prevention to accept the services and assistance offered. Measures of restrictive warning, the application of which must be strictly regulated in compliance with the time, space and circle of persons, is a different story. As the measures of this group restrict constitutional rights and freedoms of citizens, at least four grounds are needed for their application: social, normative, factual and organizational. Harm caused by preventive restrictions shall be less than the harm prevented. The conditions and procedure for the application of these measures should be provided for in the federal law. For the application of security rules, a legal fact is required in the form of an event or action, and for application of restrictive sanctions an act of application of the right is needed. And the more precautionary measures restrict rights and freedoms, the more complicated the procedure for their application and the more authoritative the body that applies them should be. A clear designation of the limits of preventive activities makes it possible not to limit the constitutional rights and freedoms of citizens unnecessarily, not to impede the creative activity of the population, and to save and to properly allocate limited preventive resources. The author applied dialectical, as well as system-structural, formal-logical and other methods of scientific cognition.
54-67 376
Abstract
The article poses the task, as applied to the Russian Federation, to consider the issues of criminological comparativistics that are actually blank in the legal science. This problem is important not only for Russia. It is international in its essence. The modern world is arranged in such a way that the bearers of positive experience in the fight against crime and its receptors are equally interested in order to make the best of this part to enter public domain as soon as possible. This altruistic interest (unlike technology) is primarily due to the fact that now, in the period of highly developed technologies and ultra-mobility, criminals from different countries and continents have practically no obstacles to the improvement of their criminal activity. As for the unresolved issues of the theory and practice of proper provision of international cooperation, there are a lot of them, in contrast to the sphere of criminal interaction. Taking into account the above conceptual provisions, the content of the article was determined. In particular, the article highlights theoretical preconditions for the perception of foreign experience in fighting against crime and the priority directions for using foreign experience in preventing specific types of crimes. The problems in question were solved both in the modern and in the historical aspects by means of a criminological reference to classical sources, such as the Great Yassa created by Genghis Khan, Peter the Great Decrees, and the US financial legislation designed to overcome the Great Depression . The author's arguments on this account are justified by the jurisprudence enshrined in international documents and the national legislation of the cooperating countries. We also used the results of our joint scientific research carried out together with our foreign colleagues, our experience of working for the governing bodies of the International Association of Criminal Law (IAPM) and the International Criminological Society (ICE).

ЭКОНОМИЧЕСКИЕ И СОЦИАЛЬНЫЕ АСПЕКТЫ ПРЕДУПРЕЖДЕНИЯ И ПРЕСЕЧЕНИЯ ПРЕСТУПЛЕНИЙ

68-74 401
Abstract
The article gives the main characteristics of crimes committed by persons from among the poor, the distinctive features of their personality. The author defines subgroups and gives their description. The article highlights the criteria for identifying the poor and specific subgroups, and their most characteristic features. The author focuses on the significance of poverty, its social, especially criminological, consequences and impact on the individual and his or her behavior. The lowest stratum of the very poor, in particular the vagabonds who systematically lead a homeless existence and the people who succumbed themselves to alcoholism is described. The author notes the importance of providing them with assistance and support on behalf of the church and public organizations, local authorities, the need for their treatment is also mentioned. The article uses results of the survey of about 60,000 convicts serving sentences in places of deprivation of liberty.

ПРОБЛЕМЫ ПРОТИВОДЕЙСТВИЯ ЭКОЛОГИЧЕСКОЙ ПРЕСТУПНОСТИ

75-90 589
Abstract
The article highlights topical issues of the emergence of new threats to international and national law and order associated with the potential danger of acts of environmental terrorism and the escalation of long-known acts of environmental extremism. The author introduces approaches reflected in international and national (Russian) law and doctrines concerning the concepts of terrorism, terrorist act, and terrorist activity taking into account their manifestations in relation to a special protected good-the environment (as a basis). Also, the author describes the specifics of acts of terrorism related to the environment and their impact on the adoption of environmentally significant political and legal decisions. The stances of the Russian and Polish legal doctrines regarding danger and qualification of illegal acts are considered.
91-97 574
Abstract
The main part of the Russian Arctic is the Arctic Ocean and marginal seas: The White, Barents, Kara, Laptev, East Siberian and Chukchi. The Arctic is not only valued for minerals. The region has enormous importance for global biodiversity, it is inhabited by numerous species of land and marine mammals, birds and fish, and unique plant life. Natural, geographical features of the region have important criminological value, they significantly complicate crime and perpetrators detection, influence the spread of socially dangerous consequences of the acts committed (e.g., pollution), etc. For the protection of the Arctic marine environment, special attention should be given to address pollution from land-based sources, as this type of pollution is one of the main in the Arctic basin. The marine environment of the Arctic is characterized by unique biodiversity, which, in addition to the negative impact of the economic activities in sea and on land, is exposed to criminal attacks, such as illegal poaching and trafficking of especially valuable wild animals and aquatic biological resources belonging to the species listed in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation (Article 258.1 of the Criminal Code of the Russian Federation), illegal harvesting (catching) of aquatic biological resources (Article 256 of the Criminal Code of the Russian Federation). Criminal responsibility has great potential for the protection of the marine environment of the Arctic Zone of the Russian Federation. Given the global importance of the Arctic, the development of this area should be given special attention in science and practice.
98-111 1590
Abstract
Environmental crime is a constantly evolving form of criminal activity and its danger to the public is often underestimated. Environmental crime around the world is characterized by the emergence of new forms of criminal behavior, improvement of methods of committing crimes, a steady increase in the involvement of organized criminal groups and communities in their commission. The structure and nature of environmental crime have a distinct regional character, defined by parameters such as the environment, the presence on the territory of natural resources, proximity to state borders, as well as the effectiveness of conservation and law enforcement. Organized environmental crime, along with environmental terrorism, today, poses a significant threat to national security. Its distinctive features include: the durability and stability of a criminal organization, which, from an organizational and economic point of view, in most cases effectively manages complex criminal activities and has the ability to minimize the arising risks; long-term planning activities; the involvement of physical persons and commercial structures; the creation of criminal networks. Another characteristic is its focus on the market (including illegal). The main objective of criminal groups is to make profit. Often organized crime groups engage in criminal activities in various areas, committing environmental, economic and other types of crime, while corruption is a vital feature. Transnational organized environmental criminal activity is carried out in such key areas as illegal trade in rare and endangered species of wild fauna and flora and their derivatives; illegal felling of forest plantations and the trade of illegal timber; illegal trafficking of waste and illegal transportation, storage, discharge and disposal, including the transboundary movement of hazardous wastes; illegal fishing; illegal trade in ozone-depleting substances; illicit trade in radioactive substances and the illicit dumping of radioactive waste. An important role in the fight against organized environmental crime is given to the joint efforts of the law enforcement authorities of different States to prevent environmentally criminal behavior and to neutralize all stages of the crime: planning, illegal resource extraction, transportation, distribution, laundering of proceeds of crime. The elimination of the economic basis of criminal groups, reducing its profitability is the key to success in combating it. Improvement of international legislation will make it possible to create a comprehensive system of measures against organized environmental crime at the level of individual States and to ensure harmonization of national legislative systems from the point of view of terminology, formulations, and sanctions imposed for environmental offences by organized groups

ПРОБЛЕМЫ ПРЕДУПРЕЖДЕНИЯ ПРЕСТУПНОСТИ НЕСОВЕРШЕННОЛЕТНИХ

112-118 817
Abstract
The article is based on the study of the work of Commission on Minor's Affairs and protection of their rights, the submitted accounts and records, and criminal cases. The author examines some of the problems of the low efficiency of the practice of application of forced measures of educational influence, which are imposed on the minors. The article examines a complex of problems: from the poorly studied families of minors to difficulties in defining the powers conferred upon these commissions. The author suggests some solutions to these problems, including taking into account positive foreign experience. Unfortunately, the lack of specialized bodies, obliged to monitor the imposition of enforcement measures of educational influence, reduces their effectiveness. It appears that such a body might well be the probation service. The article substantiates the necessity of introduction of the probation Institute into the domestic law enforcement practice.

ПРОБЛЕМЫ ПРОФЕССИОНАЛЬНОЙ НАПРАВЛЕННОСТИ ЛИЧНОСТИ

119-128 969
Abstract
The article analyzes the peculiarities of personality and professionally important qualities of 3 518 military personnel and law enforcement officers admitted to the service with firearms. The study compared groups of successful (934 people) and unsuccessful (420 people) employees from the point of view of their reliability. The authors have revealed such personal predictors of success for duty with a firearm as self-control, social intelligence, pragmatism, responsibility, aggressiveness, risk tolerance, rigidity, the tendency to conflict. It is these psychological characteristics that are important to take into account when making decisions about securing service weapons for law enforcement agencies. The analysis is important for improving diagnostic and preventive work with staff.

ПРОБЛЕМЫ ПРЕДУПРЕЖДЕНИЯ БЫТОВЫХ ПРЕСТУПЛЕНИЙ

129-138 8239
Abstract
The article is devoted to the topical for modern Russia problem of domestic violence, which undermines the foundations of not only family, but also social, national-state security of the society. The author discusses domestic violence against women and provides her own definition of the concept. The author also gives explicit characteristics of the types of domestic violence and determines the victims of such violence. It is noted that domestic violence differs from other kinds of violence as the offender and the victim are related by kinship or other close relations. This adds to the psychological trauma received by the victim. Most often, the subject of domestic violence are women (57 %) and children (36 %). In this regard, the greatest attention is given to these two categories. The article presents statistics on the number of crimes committed within the family against women and children. Based on these data the conclusion about an annual significant increase in the number of crimes committed against women in the family is made. It is important to acknowledge the data on the children and other persons' resort to the child helpline concerning violent acts against children by parents. These allow you to see a more complete picture of violence in the family, given its high latency. Many cases result in deterioration of health, disability, death. It is shown that children-victims of domestic violence are a subject of complex consequences such as low self-esteem, increased anxiety, retarded mental and physical development, reduced intellectual abilities, isolation, excessive credulity or a heightened fear of strangers. They often have difficulties when communicating with other children, and poor academic performance. One of the most serious consequences is the negative assimilation patterns of behavior of parents and transfer of their negative experiences of family relationships into other social groups.

КРИМИНОЛОГИЧЕСКАЯ ХАРАКТЕРИСТИКА ПСИХИЧЕСКИХ ОТКЛОНЕНИЙ: ТОЧКА ЗРЕНИЯ

139-145 524
Abstract
Stalkers is a category of deviants. We are talking about people pursuing anyone. The potential and real victims of stalkers may be a once-close friends (ex-wife, ex-husband, children, and parents), colleagues, colleagues in the profession. Stalking can occur on the part of other individuals who do not have partners, friends, acquaintances or unknown. Often stalking is a result of mental disorders. It is specified that stalking (for example in Italy) is a public danger to society, because it represents a real opportunity for the commission of serious crimes.


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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)