Overcrowding in prisons is a common problem that affects many countries. It is difficult to define this term because there is no single internationally accepted standard. This article presents a comparative study of international standards for the activities of doctors in penitentiary institutions as an integral part of international standards of penitentiary activity. The authors investigated the methods and the degree of their impact on the penitentiary legislation of the Russian Federation and other CIS countries. The conclusion is drawn about the positive role of such standards in improving the national penitentiary legislation in order to increase the level of medical care for prisoners.
In this article, through the comparative legal analysis of domestic, as well as foreign constitutional and criminal law norm content, various approaches to the principle of legality and its main features were examined. The authors have studied various ways of this principle criminal legal regulation and the problems that arise in this regard. It was concluded that the principle of legality has a different degree of certainty in the criminal legislation of different countries. This creates the conditions conducive to the making of unlawful judicial decisions that undermine the authority of national courts and compel people to apply for protection to supranational courts.
This article presents the author's analysis of the problem of limited sanity in the criminal law theory and practice of Russia and Europe. The author established that the problem of limited sanity, despite its long history, has not yet been developed in many countries, and that the boundaries of the concept of limited sanity are extremely vague and indefinite. However, the experience of some foreign countries in terms of ensuring security measures can be used in the Russian Federation.
The purpose of the article is to study the judicial practice and identify the problem of the lack of an objective medical and social prognosis of the public danger of a mentally ill (deranged) person in order to further apply compulsory medical measures, their replacement or cancellation. As a consequence, individuals who no longer pose such danger are unreasonably subjected for a long time to restrictions on civil, political, economic, social, and cultural human and civil rights and freedoms guaranteed by the Constitution of the Russian Federation and the universally recognized principles and rules of international law. The methodological basis of the research is both philosophical (dialectical, analytical) and generally scientific methods (analysis, synthesis, abstraction, generalization, induction). The work resulted in the conclusion that there is a similar problem in foreign forensic psychiatry and law and order, identifying similarities and differences in approaches to solving it, with regard to the national specifics of providing psychiatric care to the population, including in a compulsory manner. The novelty of the work is that given the objective and subjective difficulties that domestic forensic psychiatry experiences in creating a prognostic methodology of public danger of such patients, a proposal is made to consider, for these purposes, the time period during which the patient does not commit crime. Although the proposed criterion is not of a medical nature, it is always in the sight of doctors and lawyers (judge, prosecutor) when resolving legal situations related to compulsory medical measures. The authors of the article expect that in combination with the clinical variables of the risk of violence, this will allow to achieve an objective prognosis and avoid the unjustified use of medical (restrictive) measures.
We consider development of modern criminal legislation features in the anti-corruption sphere. The urgency of the fight against corruption in the Russian Federation and the difficulties standing in its way are emphasized. Noted the specificity of the Russian legislation in the anti-corruption sphere, which consists in the fact that the modern Russian criminal law mechanism of combating corruption is firmly based on international legal acts. The main stages of development and formation of modern anti-corruption legislation, its connection with international law are considered. The role of legal norms in strengthening the security of the state, increasing its authority in the world is revealed. A large number of sources of corruption law are analyzed, including the Criminal Code of the Russian Federation, Federal laws, the Decision of the Supreme Court of the Russian Federation, Decrees of the President of the Russian Federation. Changes made to the legislation in different years concerned the subject structure, the minimum size of a bribe, nature of commission of crime, etc. In the course of the analysis of anti-corruption norms of criminal law traced their relationship with the non-criminal legislation in force in this area, noted their mutual influence. It is concluded that the current anti-corruption criminal legislation has been formed in the Russian Federation, but the process of its development due to the ongoing socio-economic transformations of society is not completed. The necessity of an effective legal mechanism regulating public relations arising in the case of a corruption-related crime is noted.
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