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No 4 (2016)

CALLING CARD

9-18 777
Abstract
The article considers the goals, objectives and functions of the Academy of the Investigative Committee of the Russian Federation, inter alia, its St Petersburg branch and Faculties of Advanced Training Initially, in 2010 the Advanced Training Institute of the Investigative Committee was founded and the first students were enrolled in November 2010. During the five years of the Institute operation 10,000 officers of the Investigative Committee have improved their qualification. In January 2014 The Academy of the Investigative Committee was founded on the basis of the Institute. In February 2014 the Federal Service for Supervision in Education and Science granted the Academy the license for educational activity in a number of educational programs of higher and secondary vocational education In April 2014 the Academy was granted a license to conduct educational activities in Specialists' training program «Legal Maintenance of National Security and Masters' training program «Jurisprudence». The main goal pursued by the Academy is training lawyers (investigators) within the framework of the Investigative Committee and improving the level of professionalism of investigators In September 2014 the Academy enrolled its first students The distinctive feature of legal education for future investigators is the necessity to master both theoretical subjects (core subjects) studied by lawyers and to improve practical skills necessary to investigate crimes. Currently, the Academy structure includes two educational institutions, namely, the Law Institute and the Advanced Training Institute. The Law Institute provides for two higher education programs: the Specialist's training program "Legal protection of national security" and Master's training program "Investigative Activities". The structure of the Academy also includes the branch in St. Petersburg where higher education training programs are provided for and six Faculties in St. Petersburg, Rostov-on-Don, Nizhny Novgorod, Yekaterinburg, Novosibirsk, Khabarovsk, where additional vocational training programs are provided The Academy has both capacity and resources for educating and training investigators to work in the system of the Investigative Committee.

COMBATING CRIME

19-33 590
Abstract
Consideration of the issues of the declared topic starts with the analysis of the concept of recommendations in the broad sense of the word Then, the article provides a brief historical analysis of changes in ideas concerning the scientific nature of knowledge at different stages of the development of science For more thorough examination of the criteria of scientific nature the author proposes his own classification and classifications developed by other scholars that can be implemented to combat crime Recommendations are divided into criminological, legal, forensic and managerial, as well as general, special and individual, integrated and non-systematic depending on the scientific branch within which the recommendations have been developed The article provides the algorithm for developing general recommendations on the fight against crime in general This algorithm provides comprehensive and objective scientific study of the criminal situation in the country, and the impact exerted by authorized agencies on its operations. The author emphasizes that in the course of the research it is necessary to determine not only the negative phenomena but their recurrence pattern. On the basis of the research the author develops a theoretical model of the crime situation that combines parameters of certain types of crimes and the factors that cause them With this in mind, certain means and methods of combating crime are chosen and certain recommendations for their application are developed. This activity is bound to be in compliance with the criminal law policy that constitutes the part of general legal and national policies Therefore, in forming penal law policy, conditions of social and economic situation must be taken into consideration to provide favorable conditions for its economic development To this end, proposals are made to improve penal law measures to enforce security of business in our country and to protect rights of other people The article also considers some issues of criminal procedure and managerial activities. Moreover, judgments are made concerning the ways of their improvement. As a means of practical implementation of penal policy it is proposed to develop comprehensive long-term, and ongoing programs to combat crime The article deals with the problems and practical implementation of the theory developed in the recommendations set out in proposals for their practical application As the means of practical implementation of penal policy the author suggests that complex prospective, intermediate and current programs of combating crime must be employed When analyzing specific recommendations on fight against crime the author notes fragmentation, lack of validity and specialty of some of them The article considers the problems of practical implementation of theoretical recommendations and it recounts proposals of their practical application, Criticizing the initiative of making laws on application of scientific recommendations in law enforcement practice the author suggests that electronic data bases can be developed to store these products of scientific activity
34-48 1001
Abstract
The article considers the psychopathological approach to constructing the profile of a serial sexual offender. The examples of famous "patterns" are used to demonstrate how sui generis sexual fantasies adumbrating the mental disorder are actualized in their "modus operandi". The author employs the results of scientific research of famous psychiatrists, as well as the founder of sexual pathology Richard Krafft-Ebing. The patterns from forensic and investigative practice are used to demonstrate how mental disorders influence criminal acts, how these mental disorders are detected during psychological forensic examination, but they are not taken into account when the sentence is passed because the accused is considered to be mentally competent. At the same time the circumstances that have contributed to the commission of an offense (which means the mental disorder that is revealed in commission of an offence) are not subjected to proper legal assessment, and the disease is not treated. The article shows how the symptoms of certain types of mental disorders (paraphilias) are reflected in the "modus operandi". The author shows what influences stereotype in criminal behavior, its ritualization and patterning. To explain "the phenomenon of hunting" for a victim the author uses the term "process" that means fixation on the process rather than the result of the activity. The author uses a number of famous criminal patterns to highlight one of the features of offenders that prevented the patterns from prompt detection and led to "a pattern", namely, a "mask of normality". Criminal sexuality did not prevented offenders from their complete socialization in other spheres of life, e. g. the Head of the air force base Trenton, Colonel Aviation Russell Williams, charity treasurer John Wayne Gacy, a lawyer, psychologist and public servant Theodore Robert Bundy. The author draws attention to the "delusional" motivation typical for criminal behavior of persons suffering from schizophrenia, as "delusional" ideas are one of the diagnostic features of schizophrenia. It is stated that in some situations when typical "pedophilic" actions are obvious pedophilia as a mental disorder is not diagnosed, which prevents the application of the Criminal Code provisions aimed at preventing recidivism on the part of such individuals. The author proves that the information necessary to develop a psychological profile of an offender can be provided by means of investigating a typical history of a particular mental disorder of a particular sexual offender, e g heavy childbirth, brain injury as a child, incest and assault in the family with such consequences as enuresis, suicide, sexually unconventional behavior, parental neglect that is significant for the purposes of detection
49-60 1347
Abstract
He article analyzes such an investigative act as examining mobile phones that is very poorly covered in scientific literature. To this end, the author deals with both forensic and procedural aspects of investigative examination as examination requirements are still being developed. The author considers forensically significant traces that can be detected in a mobile phone, provides guidelines concerning the tactics of the seizure and examination of mobile devices, addresses the general requirements and the reasons for inspecting mobile phones. The author draws attention to the fact that an important task the investigator needs to perform at the preliminary stage of seizing and examining a mobile device is to secure absolute safety of unchanged information significantfor investigation in a mobile device. Then, the author analyses contemporary program and IT means applied in investigative practice to examine mobile phones (hardware and software UFED and XRY systems, other hardware and software techniques that enable investigators to remove existing and remote user information from a mobile phone). Moreover, the article considers another peculiarities of the methods of obtaining information from mobile phones such as root access to the device from the point of view of their investigative application. Given that one of the unsolved problems of practice is to overcome the iPhone protection system (4s and younger), the hardware ASIC theme IP Box iPhone Password Unlock Tool that has been developed this year and that allows to select the password to the smart phone and tablet of Apple is considered separately The author also considers the legal status of the information contained in a mobile phone Separately the article deals with the issue of necessity of obtaining the mobile phone examination order that still remains one of the disputable issues in the investigative practices due to the gap in legislation. It is noted that for successful operation investigators need to be regularly provided with relevant information and development of practical skills through the system of additional vocational training implemented by the Academy of the Investigative Committee of Russian Federation.

THEORETICAL PROBLEMS OF BRANCHES OF LAW

61-75 978
Abstract
The article analyzes domestic and foreign regulatory framework and jurisprudence in relation to objects of weapons used as instruments of crimes and constituting the criminal trafficking of weapons and ammunition. The article reveals the concepts and features of the weapon, its types, namely: fire, fire weapons of limited destruction, gas, cold and throwing, as well as the main parts and component parts of firearms, ammunition, ammunition and bullets for firearms of limited destruction and gas weapon The author determines the problems in this area, in particular, the interpretation of these concepts in national laws and regulations is different from international legal instruments ratified by Russia. In addition, in Russia there is no any consensus concerning this problem between legislative and judicial branches of government In practice, it is problematic to refer faulty and training firearms to the subject of crime. The attribution of weapons discovered during excavation works at the sites of military operations (for example, during the Great Patriotic War) is also questionable. It is still not clear how to treat the weapons of cultural value. The problem arises with attribution of old (antique) firearms. With regard to the main parts and component parts of firearms, firearms of restricted destruction and gas weapons neither regulatory acts nor judicial practice are available The Constitutional Court of the Russian Federation held that p. 4 of art. 222 of the Criminal Code complies with the provisions of the Russian Constitution. However, the Constitutional Court of the Russian Federation declared that this provision of the Criminal Code of the Russian Federation contradicts the Constitution of the RF with regard to the cold arms of cultural value In practice, problems arise when it is necessary to attribute certain types of ammunitions, in particular, rifle bullets unsuitable for firearm shooting, to subjects of crimes In addition, it is still disputable whether firearms can be characterized on the ground of their insignificance as they do not cause any significant public danger The author defines the main reason for lack of effective crime combating in the sphere of illegal weapon and ammunition trafficking, namely, imperfection of the regulatory framework in terms of attributing weapons and ammunitions to the subject of crime, and contradictions between legislation and legal practice
76-87 1035
Abstract
The article analyses the procedural order of appeal proceedings in jury cases. The author reveals distinctive features of this form of reviewing sentences. To this end the author notes such advantages as correcting errors in the sentence, an opportunity to make any procedural decision, substituting the sentence appealed, without remitting the case for retrial. At the same time, given that the appeal against sentences in complaints and representations is carried out in order to determine the appropriateness of applying the rules of law, which narrows the limits of examining the factual circumstances of the case, the author notes that debates between scholars concerning the necessity of widening the appeal powers and the reasonableness of reconsidering the judgments in jury cases by means of appeal proceedings still continue The essence of the dispute concerns the necessity to empanel the most experienced and qualified judges in an appellate instance, although the requirement of qualification does not meet the fundamental principles of jury trial. The opposition between professional and non-professional foundations is inadmissible with regard to this form of administering justice, because jurors pass a verdict, and professional judges pass a sentence with regard to the verdict passed by the jurors. Moreover, the procedure of reviewing the verdicts passed by jurors is not complete, which is determined by peculiarities of a jury trial, when the re-examination of matters of facts and law and comparison of the results of re-examination and holdings of the trial court take place According to the statistics, the number jury verdicts reconsidered in cassation proceedings before 1 January 2013, in percentage terms, looks higher. Further difficulties are caused by the very interpretation and application of the rules governing the procedure of filing an appeal against jury verdicts in jury cases in practice. The author concludes that the appeal proceedings in their conventional form cannot be expanded and used for court decisions in jury trials, the criminal procedure science not knowing any examples of such practice. In addition, when appeal proceedings against court decisions in jury trials are introduced, the special jurisdiction with regard to determining the facts of the case and the guilt of the accused is violated Therefore, in general, the appellate review of court decisions in cases with participation of jurors on the grounds of their unreasonableness is not possible, since the mechanism of verification procedures do not match the present composition of the court because the subject of verification. (art. 389.25, p. 1, art. 389.19 of the Criminal Procedure Code ). The legislator tried to solve this problem by creating a legislating mode typical for the so-called "incomplete" appeal.

ENFORCEMENT MATTER

88-94 2047
Abstract
The article deals with the problem of establishing the fact of child abuse when investigating criminal cases. The author suggests that on the grounds of analysis of national and international laws "child abuse" must involve not only physical cruelty, but also the facts of mental cruelty and parental neglect Article 156 of the Criminal Code of the RF provides for the responsibility for failure to perform legal duty to bring up the minor if this act is combined with cruel treatment of minors. The application of this rule in investigative and judicial practice enhances the ambiguity of the term "cruel treatment". On the one hand, the term "cruel treatment" and "cruelty" is identified by with physical or sexual abuse. This investigatory situation is typical in cases dealt with under art. 156 of the Criminal Code of the RF: bruises, contusions, burns, cuts on the body of the child that prove that the abuse has taken place. On the other hand, physical violence practitioners speak about mental violence and parental neglect with regard to young children whose lives and health may be at risk without proper parental care. As a rule, art. 156 of the CC of the RF is applied when establishing the indicators of physical or sexual abuse or when parental neglect is ignored by law upholders. Different factors, including the absence of formal interpretation of the term "cruel treatment" in judicial acts and Russian legislation, prevent characterization of these forms of violence as cruel treatment of children. However, the norms of international law instruments ratified by the Russian Federation, provide an interpretation of the term "child abuse". Thus, the judgment of the Supreme Court of the Russian Federation dated 01.02.2011 number 1 "On judicial practice of application of legislation regulating criminal responsibility and punishment of minors" states that in criminal proceedings against minors provisions of the Convention on the Rights of the Child 1989 must be taken into account. According to the norms of the Convention on the Rights of the Child ratified by the USSR on June 13, 1990 child abuse can take any form of "physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, on the part of parents, legal guardians or any other person who has to take care of the child " Thus, subject to the provisions of the CRC, investigating the crimes under Article 156 of the Criminal Code of the Russian Federation established facts of mental abuse or neglect can be classified as "child abuse", along with the facts of physical or sexual abuse.

NOVUS LEX

95-104 461
Abstract
Years of debate over the need to implement the concept of criminal responsibility of legal persons into the Russian legal system are shifting towards the practical direction. The draft of Federal Law № 750443-6 «On Amendments to Certain Legislative Acts of the Russian Federation in connection with the introduction of criminal responsibility of legal persons" introduced to the Russian State Duma on March 23, 2015 is a decisive step towards the formation of a new sub-branch of criminal law in Russia The document contains a lot of interesting provisions deserving support, and accounts constructive criticism of the draft law of the Russian IC 2011. In particular, the suggest the introduction of corporate responsibility to the full extent. The authors of the draft haven't only used the "measures of criminal law in relation to the organizations" model. The definition of the guilt of a legal person (Article 96.3 of the Criminal Code) contains the forms used in the basic doctrines of foreign countries applying the concept of criminal responsibility of organizations: subjectivist concept of guilt (the theory of identification) and objectivist direction of guilt of a legal person (the theory of guilt of past behavior). The draft law provides for a wide range of basic and additional penalties that may be assigned by the court to legal persons convicted of crimes and the like. Skills Enhancement Institute of the Academy of the Russian Investigative Committee together with the investigating authorities and the Northwest Crimean Federal District hold a preliminary monitoring of the application of the proposed rules of criminal and criminal procedure legislation The monitoring revealed some problems that may arise in the enforcement activities in criminal prosecution against newly introduced subject. Some of them are offered for discussion in the article. The greatest difficulty, due to the stereotype of a perpetrator, is an understanding of the guilt of a legal person. At the same time, the author proposes to refer to the issue as being able to overcome Introducing the bill identifies uncertainties due to the emergence of new definitions which, without disclosing their content, can lead to problems with the criminal law assessment of the offense. In addition, many of the issues in the draft legislation remain unresolved: in particular, the procedural aspect of exemption from criminal responsibility of a natural person due to the involvement of a legal person. The author also notes the problem of correlation between public and private interests in the application of sanctions against the property of a legal person found guilty of committing a crime, which is not reflected in the draft legislation.
105-114 556
Abstract
The author considers the criminal characteristic of illegal production (fishing) of aquatic biological resource committed with considerable damage (Art. 256 "a", Part 1 of the Criminal Code of the Russian Federation). In particular, the article studies the problem of the legislation gap of clear criteria which consider the damage caused by the illegal production of aquatic biological resources as considerable. On the basis of the analysis of the legislation, theory, and practice, they have made an attempt to find ways to solve the problems identified. The author critically regards the proposals of the researchers who suggest specifying the definition of considerable damage (in relation to the article in question) in a footnote to Art 256 of the Criminal Code by determining the minimum amount of its monetary equivalent (5 000, 10 000, 30 000, 100 000, 250 000, etc.), calculated on the basis of taxes approved by the Government. It was concluded that, when assessing the damage to aquatic biological resources, it is important to use the criteria in their quantitative terms and to take into account the environmental situation across the region. It is proposed to supplement Art. 256 of the Criminal Code of the Russian Federation with a note that the considerable damage caused to aquatic biological resources, for the purposes of this article, shall be approved by the Russian Federation Government. In the drafted for the purposes of Art. 256 of the Criminal Code of the Russian Federation Government Decree, the amount of damage must be established separately for each river basin, taking into account the environmental conditions in different regions; moreover, it should be reviewed periodically In order to differentiate sentences into the number of qualified elements of a crime under Art 256 of the Criminal Code, it is necessary to single out an act causing especially considerable damage
115-123 655
Abstract
The article regards procedural immunities in criminal proceedings as the withdrawal of the principle of equality of human and citizen before the law out of the constitutional principle. The author formulates a position on the admissibility of the existence of such exceptions. At the same time he emphasizes that the legislator has to establish clear procedural borders for procedural immunities. Their entrenchment in the normative level is conditioned by the need to ensure the inviolability of persons performing publicly important functions. In turn, the legal regulation of guarantees under consideration should include the establishment of an optimal balance between various interests In support of this position the author provides the legal position of the Constitutional Court of the Russian Federation. According to the author, this balance hasn't been fully achieved yet. The reason for this are the deficiencies in the legal regulation of criminal proceedings in respect to certain categories of persons. Entrenchment of procedural immunities in several regulations such as the Criminal Procedural Code, as well in other special federal laws creates significant challenges for a law enforcer. The author provides examples of various presentation of the same guarantees in these acts which results in failing to achieve the necessary level of legal certainty in the field of the study of relations The author gives recommendations on the order of the production process in respect of the subjects that have a special legal status. However, it is noted that in order to avoid ambiguous interpretation of legal provisions amendments to the law are necessary The analysis of some procedural immunities suggests that they may serve as an absolute obstacle to bring the perpetrators to justice Among these is the need to obtain a prior consent of the respective chambers of the Federal Assembly for conducting a search in a residential area of the deputy of the State Duma and Federation Council member. The establishment of a disproportionate privileges to certain categories of persons are also mentioned For example, lawyers are vested with excessive amount of guarantees The author suggests treating procedural immunities as a unified system The imbalance in the legal regulation of procedural immunities is conditioned by the lack of clear regulations concerning the production process in respect of persons who have lost their special status, as well as having waived legally provided benefits. Such actions shall be conducted in a general manner

PENAL ENFORCEMENT POLICY

124-137 1233
Abstract
The article deals with the concept and contemporary trends in the penal and enforcement policy of the Russian Federation in the 21 century. It analyzes the judicial practice of prescribing criminal sentences and the like from the beginning of the year 2000 and up to 2007, and then from 2007 to 2014. The author notes an inadequate stability of the number of convicted and the share of some types of punishment carried out in the first group. It is concluded that conservative approach of judges to the principles of differentiation and individualization of criminal responsibility. The author reveals the reasons for the current situation which relate to legal inaccuracies not allowing the judges to effectively assign and execute criminal law measures alternative to the imprisonment The ways of solving these problems are suggested The article indicates and explains the reasons for the change of ossified approach in appointment and enforcement of sentences since 2007, when the criminal law measures not related to the isolation of convicts from the society take place of the conventions of criminal responsibility and real imprisonment The prospects for further implementation of the penal and enforcement policy of the country in accordance with the objectives of the Concept of MIS by 2020 are outlined. Significant changes in criminal and penal and enforcement legislation in the field of appointment and execution of punishment and other measures of criminal law are analyzed. Through the example of punitive practices for crimes against traffic safety and operation of transport, corruption and terrorist crimes the author attempts to show the imperfection and conflict of principles of humanism and justice It is proposed to carry out a correlation between the mitigation of the conditions and procedure of execution and serving the punishment by the condemned and the rights of victims of criminal attacks In order to prevent new offenses and correct the convicts, it is suggested to avoid duplication of control functions for juvenile offenders without their isolation from the society through institutions of the penitentiary system and the juvenile divisions of ATS, by transferring these functions to the latter The author also justifies the need to change the legal nature and scope of punishment in the form of forced labor by transformation of the Institute of the colony-settlement, without actually being incarcerated.

LEGAL EDUCATION

138-150 436
Abstract
The article demonstrates the process of development of vocational training for investigating officers of the Investigative Committee of Russian Federation in the Volga Federal District. The article also outlines the chronology of the creation of a new form of additional vocational training of the staff of the Investigative Committee of the Russian Federation - District educational structure - the fourth faculty (located in Nizhny Novgorod) the Institute of Continuous Education FSCEI HE "The Academy of the Investigative Committee of the Russian Federation." The authors have disclosed some activities of the 4th Faculty of Continuous Education, one of which is a priority for the Investigative Committee of Russia as a whole is the organization of work to improve the professional development of young investigating officers. They highlighted the principles of creation of a system for quality of education, the structural elements of the control system of education quality implemented in the 4th Faculty of Continuous Education, for example, level of knowledge control when enrolling students, control of knowledge and skills students have gained following the learning of a particular subject, e. g. criminal law, criminal procedure, criminology, and final examination (defense of their final paper (essay), examination in the form of a test The article shows the interaction between practitioners and faculty members as a form which improves the quality of the educational process The authors pay attention to the unity of the systems of training and education following the example of the 4th Faculty of Continuous Education of the the Institute of Continuous Education. This study reflects the development of patriotic education of the staff of the Investigative Committee in the framework of their education and skills enhancement at various programs, the impact of such education on the development of the employees' moral qualities in exercising of their professional activities, namely investigation of crimes The authors sum up the results of execution of the task on the organization of skills enhancement training of investigating officers of the Investigative Committee of the Russian Federation in the Volga Federal District Thus, the 4th Faculty of Continuous Education not only provides educational programs, but also creates a solid scientific base by means of attracting students to the process of writing of scientific papers - abstracts, reports, and their participation in scientific forums held fourth faculty during their training

HISTORY OF STATE AND LAW

151-161 876
Abstract
The article deals with the formation and development in Russia of such a procedural institute as a preliminary investigation. Due to the recently proposed ideas on reformation of the investigation, retrospective view on the formation of the investigating authorities, the emergence of an institution of investigating officers, peculiarities of their procedural status, authority, organization of interaction with the prosecutors and the police have become particularly important. There is no doubt that historical research of emergence and formation of any legal institution help to better understand its purpose, its place within the legal system, and the efficiency of operation. A new era in the Russian criminal trial began with the reforms of 1860-1864, the main gains are reflected in the Charter of the criminal proceedings. The analysis of its provisions leads to the conclusion that Russia established a mixed type of criminal proceedings with prevalence of investigative-search features of the preliminary investigation and controversial in the trial stage. The article provides comprehensive analysis of procedural powers of the investigating judge contained in"Establishment of investigators" and"Mandate for judicial investigators" signed by Alexander II on June 8, 1960. It is emphasized that despite the fact that the investigating officer's activity was treated as accusatory, the investigator was required to impartially find out the incriminating circumstances, and the circumstances justifying the accused; the purpose of his activity determined the establishment of the material truth with respect to the offense. In 1894, a special commission was set up to summarize the experience of the organization and the results of the preliminary investigation, to identify shortcomings and to develop proposals to improve it It was found that the alleged procedural autonomy and independence of judicial investigators actually were not achieved, the quality of the investigation often did not meet the requirements, the period of investigation took too long, which was largely explained by a substantial burden on the investigator (he typically investigated 20-40 cases simultaneously). As a result of attempts to conduct historical analysis on the results of the carried out reforms of the investigation activities in Russia in the middle of the XIX century and suggestions to return to the concept of investigating officers in present time, the author notes that the reform of the investigation must be based on the current financial situation in the state, staff of both investigative and judiciary bodies, national traditions, mentality, the level of legal awareness of the population and law enforcement officials. The author believes that the improvement of the organization and production of the preliminary investigation should be carried out by solving the legal problems of strengthening of material base of the investigating authorities, comprehensive work to increase the prestige and importance of the position of an investigator, the development in his sense of dignity and respect for the profession and self-respect in the profession, cultivation of interconnectedness with those who stood at the origins of the process of investigation Russia To achieve these, it is important to strengthen in every way created in 2011 specialized investigative body - the Investigative Committee of the Russian Federation, a brand new office, which is directly subordinate to the head of state. After major's investigating offices of the18 century, specialized independent investigative bodies are created in Russia, which, to some extent, hold the features of the national historical tradition

NAME IN THE SCIENCE

162-168 922
Abstract
The article reveals the biographical milestones of Soviet and Russian scientist and lawyer, Honored Worker of Science of the Russian Federation, Doctor of Law, Professor Nikolai Sergeevich Alekseev. The life of the scientist who was born in 1914 was marked by the First World War, the October Revolution and the Civil War. Having gained work experience at a plant, he entered Leningrad Institute of Law, followed by his work as an investigator in the prosecutor's office. He was called up for military service on the eve of the World War II, which he met as a political officer in the regiment of the NKVD. In July 1941, he was seriously wounded and shell-shocked, and after he had recovered, he was transferred to the military prosecutor's office. N.S. Alekseev happened to be on many fronts, including the siege of Leningrad. He met the end of the war as a military prosecutor of a separate railway brigade. Since 1947 and till the end of his life, N.S. Alekseev taught at the Law Faculty of Leningrad State University after A.A. Zhdanov. He headed the Department of Criminal Procedure and Criminalistics for almost forty years and was repeatedly elected Dean of the Faculty Nikolai Sergeevich was a scholar of broad scientific outlook. His interests were not limited to one narrow topic or one area of research. The scope of his multifaceted scientific activity covered the most diverse and highly topical issues on criminal law, criminology, criminal procedure and criminology In his doctoral thesis he examined questions of historical development of the Russian and Soviet criminal legislation on responsibility for evading military service. His thesis for the degree of Doctor of Law -"The codification of the criminal legislation of the two German States" - became a deep comparative study of the legislation of Germany and the German Democratic Republic and was prepared on the basis of in-depth study of foreign sources. The material is prepared using a collection of the essays: Russian scientist and veteran of the Great Patriotic War Alekseev Nikolay Sergeevich: memorial book. Compiled by A.M. Bagmet, V.V. Bychkov, A.L. Ivanov, O.N. Kulikova; Bastrykin A.I. (ed.). Moscow, 2015. The professor lectured on criminal law and procedure in German universities in perfect German. In 1959, the German Academy of the State and the Legal Sciences after Walter Ulbricht awarded him an honorary doctorate. Alekseev's separate topic of serious scientific interest concerned the issue of criminal responsibility of Nazi criminals. In 60-70 of the twentieth century, as an expert on the Soviet Union, he took active part in a number of major prosecutions of Nazi crimes Moreover, N.S. Alekseev assisted the chief prosecutor at the Nuremberg trials on behalf of the Soviet Union R.A. Rudenko. N.S. Alekseev was actively involved in writing and editing textbooks on criminal procedure and criminology, comments on the criminal procedure legislation His reports were heard in many international scientific forums, both in the Soviet Union and far beyond it (in the UK, Germany, Poland, Finland and other countries). Nikolai Sergeevich was a tireless advocate and promoter of legal knowledge: he successfully lectured in front of different and vast audience, published popular articles and brochures addressing wide audience, took an active part in the public organization"Knowledge". Nikolai Sergeevich's achievements were highly appreciated by the Soviet state He is a Companion of a number of high military awards and has a foreign award, he was awarded the title of Honored Scientist of the RSFSR, three times winner of the Zhdanov Leningrad State University Prize for the best scientific work.
169-180 547
Abstract
The article is dedicated to the 60th anniversary of the famous practitioner and scholar Professor Alexander V. Fedorov. It outlines the life of the hero of the day, information about the main directions of his research and published papers, the conclusion about the formation of their interdisciplinary research school of fighting crime. Following the example of scientific and practical activities of A. Fedorov, it is shown that it is the practice that determines the need for appropriate legal studies, since legal science can not be separated from the realities of life, but it is their derivative, providing the solution to practical problems In turn, first of all, the practice of law is largely based on the results of previous research activities, and secondly, ultimately aimed at solving practical problems. The above analysis shows that, on the one hand, the practice of law is a source of jurisprudence, on the other hand, the jurisprudence largely determines what should be the practice of law. In particular, the needs resulting from the research practices of A.V. Fedorov on the development of common approaches to issues of criminal prosecution of persons who have immunity, on the one hand, to ensure the proper implementation of the immunity guarantees, and on the other - to create and to implement on the basis of the law the integrity of restrictions procedures to ensure the inevitability of responsibility have immunity persons when they commit crimes The data of the study of A.V. Fedorov international experience and his scientific papers on criminal responsibility of legal persons abroad, and the prospects for the introduction of such liability in Russia, the results of which allowed the author to come to the conclusion that the introduction of criminal liability of legal persons is not only appropriate, but also inevitable in the long term. The article draws attention to the works of this author on legal policy, which addressed many of the provisions of the criminal law drug policy as part of a public legal anti-drug policy of Russian Federation; formulates general principles of the theory of the Russian criminal legal anti-drug policy; studies the current state of criminal law anti-drug policy; certain trends in the development of this policy are identified and analyzed, including the influence of the international anti-drug treaties, the Russian Federation being a part of. Attention is drawn to the provisions of his research, reflecting the social (including economic) conditioning of criminalization of certain acts, the limits of responsibility for their commitment and the release of the grounds of such responsibility.


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