article concerns both the questions of overcoming in criminal legislation the unification implemented on the basis of international law norms and analyses the experience of solving this problem by separate states – representatives of roman and german and anglo-saxon law systems.
Key words: international law, national criminal legal system, coincidence of criminal legal systems, roman and german and anglo-saxon law systems, unification.
Andronova M.M., the head of the technology and logging equipment and woodworking production department of the Vologda Institute of Law and Economics of the Federal Penal System of Russia, candidate of technical sciences, associate professor; Savelyeva V.A., an associate professor of the computer science and mathematics departmentof the Vologda Institute of Law and Economics of the Federal Penal System of Russia, Candidate of Chemistry. E-mail: firstname.lastname@example.org
On the issue of the estimate of ecological efficiency of special establishments
The basic approaches to the estimate of ecological efficiency of organization are considered with a view to the possibility of management decision making in the field of environmental protection. The criteria of environmental activity appraisal are given. The authors determine the main principles which are necessary to be used in choosing the environmental indicator system.
BabkinA.A., the head of the Computer Science and Mathematics department of the Vologda Insti- tute of Law and Economics of the Federal Penal Ser- vice of Russia, candidate of pedagogical sciences. E-mail: email@example.com; Kryukova D.Y., the Vologda Technical University post-graduate. E-mail: firstname.lastname@example.org
Using of educational, particularly, remote tech- nologies in correctional institutions
The article gives an idea of educational, namely, remote technologies using in correctional institu- tions. Data base, electronic libraries, laws and regu- lations of penitentiary institutions informatization, providing with computer equipment as well are paid particular attention to.
Key words: reforming of correctional system; information technology; remote education; “Crimi- non”; electronic library; information legal service.
Denisova T.N., the head of the Practical Psy- chology department of the Vologda Pedagogical University, candidate of Psychology, associate pro- fessor. E-mail: email@example.com
Secured and deviant juveniles’ time concept
The findings of empirical study about secured and deviant juveniles’ time concept are given in the article. The research results are interpreted by means of the original three-level time concept suggested by the author. Here it is shown that the
subject’s capacities for solving time problems are one of the basic requirements for socialization and low time facilities correlate with low social integration and propensity to abnormal behavior.
Keywords:psychological time; time perspective; abnormal behavior; adolescence psychology; semantic time universals; time facilities; time concept; point like, periodic and global time.
Gavrilov B.Ya., the head of the department of management of crime investigating bodies of the Academy of Ministry of Internal Affairs of Russia, Doctor of Law, professor. E-mail: prof- firstname.lastname@example.org
The arraignment: current status and law enforcement problems (theses)
Thereviewofinstitutionofarraignmentinpresent- day procedural criminal law legislature is made in the article. The author investigates some historical and legal context of arraignment as well and suggests removing the institution of arraignment while using the standard procedure of notice a person about the suspicion toward him or her in a criminal case.
Keywords:institution of arraignment, procedural criminal law legislature, inquest and preliminary investigation.
Golodov P.V., the head of Scientific division of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of law sciences; Malkova L.L., associate professor, the head of Economics and Management department of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of economic sciences, associate professor. E-mail: email@example.com
Controlling mechanisms for prisoners’ labor adaptation in correctional institutions
In the article the concept and structure of controllingmechanismsforprisoners’incorrectional institutions are given consideration to. The issues of prisoners’ labor adaptation techniques and keeping its structural controlling mechanisms, the contents of labor adaptation programs are considered. The main ways for improvement of mechanism for labor adaptation are outlined.
Key words: prisoners’ labor adaptation; control model; controlling mechanism; programs of labor adaptation; thecenterofprisoners’ laboradaptation; social protection community.
GusakV.A., a candidate of law sciences, docent, the Chelyabinsk Law Institute of the Ministry of Internal Affairs of Russia. Теl. (351) 263-47-24.
The main reform trends of the law enforcement system during the Great Patriotic war (1941-1945)
The trends and mechanism of militia organization and its activity during the war period are studied in the article. The author marks out two reform trends of the centralized law enforcement system: first, some new subdivisions were established as a result of increasing in number of militia functions, second, some militia functions became more intense, first of all those ones concerning the evacuation. The great attention is paid to the second direction; the author focuses on the activity of railway militia,
В Е С Т Н И К И Н С Т И Т У Т А
the fight against embezzlements, child neglect, reference and information services of militia. It is mentioned that the organizational measures taken were determined by the war conditions. As a result such militia functions as maintaining public order, continuous and effective home front work became more intense; the law enforcement agencies accomplished multidimensional tasks that covered the problems of mobilization, organization, control and the problems of criminal and legal character.
Key words: state authorities, law enforcement agencies, the system of militia agencies, railway militia, fight against child neglect, fight against embezzlements, reference and information services of militia, home front work provision.
IstominaM.V., applicant of the Chair of Criminal Law and Criminology of the Vologda Institute of Law and Economics of the Russian Penal System. E–mail: firstname.lastname@example.org
Guilt as the attribute of the subjective aspect of forcible takeover: criminal – legal and civil – legal aspects.
The scientific article is devoted to the problem of distinction of criminally punishable actions connected with forcible takeover and civil – legal delicts. The author discusses the problem of correlation between criminal – legal principle of guilt and civil – legal category of guiltiness in the aspect of inter-field difference of responsibility for forcible takeover.
Key words: forcible takeover; raiding crimes; civil – legal delict; illegal property takeover; good faith; guilt; subjective aspect of offence; elements of crime.
Kalashnik V.G., the deputy chiar of the Ukraine state department in penal issues. E-mail: NGK2001@rambler.ru
Some aspects of the Ukraine penitentiary system reformation
The article covers the problems of the criminal justice policy, criminal punishment experience and the activity of the Ukraine penal institutions. Some issues of the effective functioning of the criminal justice system in the present-day situation including the reforming measures are considered in the article. Key words: state criminal executive service, criminal executive inspection, close-type institutions, correctional centers, pre-trial detention
KosonogovaS.V., the head of the administrative and law disciplines department of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of law sciences. E-mail: email@example.com
The state financial control in the penal system: the problems of legal regulation
The main problems of legal regulation of financial control in the penal system are investigated and the ways of their solution are offered in the article. The author defines the departmental financial control in the penal system in a detailed way and the subjects of control as well.
Much attention is paid to the problem of legal effect of some departmental statutory acts regulating the financial control procedure in the penal system. Moreover, some suggestions concerning the development of legal regulation in this sphere are made.
Key words: penal system, financial control.
Kozachenko I.Ya., the head of the criminal law department of the Ural State Law Academy, honoured scientist of the Russian Federation, Doctor of Law, professor; Kozachenko E.B., a judge on criminal cases of the Sverdlovsk regional court, candidate of law sciences. E-mail: kapitan– firstname.lastname@example.org
The criminal – legal calculation of the aim of criminal punishment.
This article is devoted to the questions of achievement of the aim of some criminal punish- ment. In fact, particular aims, mentioned in the part 2 of the Article 43 of the Criminal Code of the Russian Federation, cannot be achieved by ap- plication of any kind of punishment. Moreover, in some cases punishment provokes the convicted to commit new, more socially dangerous crimes. Key words: measure of criminal responsibility; compulsory and stimulating components; aims of punishment; common and special prevention; cor- rection of the convicted; restoration of the violated
rights of victim; fairness of punishment.
Kuzminykh A.L., an assistant professor of philosophy and history department of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of history sciences. E-mail: email@example.com
– Ministry of Internal Affairs of USSR (1934-1956) development
In the article the author examines the process of development and functioning of the system of internal affairs bodies in the Soviet Union in the middle of 1930 – in the middle of 1950. Special attention should be paid to the structure, authorities and cadres of People’s Commissariat of Internal Affairs – Ministry of Internal Affairs apparatus, their place and role in the development of soviet state. Within the framework of People’s Commissariat of Internal Affairs – Ministry of Internal Affairs system the process of correctional institutions development is shown.
LapshinV.F., the head of the chair of criminal law and criminalistics, the Vologda Institute of Law and Economics of the Russian Penal System, candidate of law sciences, docent. E-mail: kapitan–44@yan- dex.ru
The improvement of the criminal law in terms of liberalization of the Russian criminal policy.
Liberalization of the criminal policy has got different ways of its realization – from decriminalization of felonious behavior to minor reduction of punishment period for committing a
ПРЕСТУПЛЕНИЕ • НАКАЗАНИЕ • ИСПРАВЛЕНИЕ
particular crime. This article contains deep analysis of different ways of liberalization of the modern Russian criminal policy. Then it presents information about the foreign experience of crime prevention and reduction of number of the persons sentenced for imprisonment. Suggestions on changing of the modern criminal law are formed according to social and legal factors in Russia.
Key words: punishment; criminal policy; humanization, liberalization; concept of the Russian PenalSystemreforming;sanction;decriminalization; conviction.
Malinin V.B., Doctor of law, professor, a professor of the Criminal law and Criminology department of the Vologda Institute of law and economics of the Federal Penal Service of Russia; SmirnovL.B., Doctor of law, professor, a professor of the Criminal law department of the Northwestern Academy of public service (St. Petersburg). Е-mail: firstname.lastname@example.org
Penitentiary System of Russia in the context of coming reforms in the criminal and criminal executive legislature
The author tries to analyze the problems of the criminal and criminal executive state policy, the activity of penal bodies in the coming period of radical reforms. The object of analysis is the problems of effectiveness of the Penal system in the present-day situation, the prospective reform measures of the criminal punishment system and penitentiary system and the possible ways of their solution.
Key words: Penal system, correctional colonies, settled colony, prison, group of convicts, execution of punishment.
Novikov Ya.O., a post-graduate student of the Russian Academy of Justice. E-mail: email@example.com
Some qualification issues of slave labour in the Criminal law of Russia.
The analysis of corpus delicti structure envisaged by the article 127.2 of the Criminal Code of the Russian Federation and its practice is being made in the article. Some defects in statutory regulation of the crime are defined. The author classifies the main criteria pointing to the fact that man’s labour is qualified as the slave one.
Key words: slave labour, consent of a victim, outsourcing, o- peer.
Popov V.V., the chief of the Vologda Institute of Law and Economics of the Russian Penal System, candidate of law sciences, docent, the honoured lawyer of the Russian Federation. E-mail: ono- firstname.lastname@example.org
Educational centre as a new type of correctional institution for juvenile offenders.
The article reveals some actual questions of transformation of educational colonies into educational centers with common and intensive supervision in terms of the Russian Penal System reforming. The analysis of activity of educational colonies nowadays helps to determine some
perspectives of their further development and transformation. The author mentions that many aspects concerning the formation of educational centers are debatable. In the author’s opinion these aspects demand to be thoroughly studied and practically proved.
Key words: educational colony; educational center; juvenile offenders; imprisonment; correction; correctional institution; resocialization; differentiation and peculiarity of the sentence.
Santashov A.L., the head of the Criminal Executive Law department of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of law sciences, docent. E-mail: email@example.com; Yanchuk I.A., a senior lecturer of the Criminal Executive Law department of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of law sciences. E-mail: firstname.lastname@example.org
About the development of the article 1 3 of the Criminal Executive Code of the Russian Federation
The article is devoted to the review of the Federal law dated from April, 5, 2010 # 46-FL “About the Amendments to the Criminal Executive Code of the Russian Federation and the Article 22 of the Russian Federation Law “Aboutthe Penal Bodies and Institutions” ”. The authors define the reasons of the alterations to the article 113 of the Criminal Executive Code of the Russian Federation and evaluate them. The conclusion is that such a legislative decision is quite reasonable and proved scientifically but not developed logically. Thereupon the authors of the article suggest developing the article 113 of the Criminal Executive Code of the Russian Federation in a legislative way.
Key words: reward measures, changes of imprisonment conditions, change of a kind of a penal institution, clemency, change of remanant by a minor kind of punishment.
Shatalova T.V., a post-graduate student of the Academy of Justice under the Supreme Court of the Russian Federation. E-mail: email@example.com Theproceduralauthoritiesofamagistrateina
criminal case of private prosecution
The procedural authorities of a magistrate in a criminal case of private prosecution are studied in the article.Theauthordefinestheorderofcrimeregistration in cases of private prosecution, the information or data that must be given in a private accuser’s petition, the order of assigning of judicial sitting.
Keywords:a magistrate, criminal cases of private prosecution, a private accuser, private victim, inquest agencies, an investigator, a prosecutor, judicial sitting or trial.
Sobchuk S.O., a post-graduate of the Moscow new law institute. E-mail: firstname.lastname@example.org
Some theoretical aspects of anti-money laundering.
The author discusses questions concerning formation and modern notion of the term “anti- money laundering”. There is comparison of many scientists’ opinions concerning the essence of
В Е С Т Н И К И Н С Т И Т У Т А
such notion. The article contains analysis of norms of international legal documents and the Russian normative – legal acts containing the definition of “anti-money laundering” and establishing legal and criminal responsibility for such action. The author gives his own definition of this notion with the analysis of the given scientific information.
Key words: illegal profits; illegal means; legalization of illegal profits; criminal activity; anti- money laundering; process of legalization; criminal responsibility.
Svinin E.V., a docent of the state-legal branch of sciences of the Vologda Institute of Law and Economics of the Federal Penal Service of Russia, candidate of law sciences. E-mail: Е-mail: evs- email@example.com
Law order as a social phenomenon and common law category
In the article the author analyzes the law order as a category of conceptually-categorical series of common law theory and as a real social phenome- non simultaneously. The author pays attention to the weakness of law order perception as a category in the light of the category “course of law”. The nature of law is closely connected with the concept of the effectiveness of law actions. It is concerned with the capability of law to reach the definite positive social effect or in other words to ensure the social and economic development of the country. The meas- urement of law order level in the author’s opinion supposes the building of a strong system of figures characterizing on the one hand social adequacy and quality of legal norms and on the other hand – the effectiveness of state bodies` functioning.
Key words: law; law order; course of law; public relations; legal relationship; quality of authorities and quality of law; effectiveness of government.
Sysoev D.A., a postgraduate student of the accounting and auditing department of the Vologda State Technical University. Е-mail: firstname.lastname@example.org; Koshko O.V., Doctor of Economics, professor of the Vologda State Techni- cal University.Е-mail: streamant@yandex ru
The financial covenants as an innovation mecha- nism of discharge of credit obligation in Russia
The system of crediting as an element of financial intermediation is based on some fundamental prin- ciples. Taking into account the present crisis trends and using the experience of financial crisis in 1998 the authors develop a new system of priorities. They put the principle of credit security in the first place. The principle promotes the decrease of credit risk connected with the probability of default (improper discharge) on credit obligation.
The authors considered the ways of credit security which are new for the Russian practice. They are cross-default provision, negative pledge and any charge of asset and revenue, item about the maintenance of both some certain proportions of financial indices and restrictions on attraction of additional debt finance. The main targets of introducing the covenants are to reduce the credit risk by borrower and to determine a double liability for sustainable financial standing. Besides that the bank can exercise regular control over financial activity of the client.
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