The article examines the interrelation between the structure of mediation in bribery in modern criminal legislation of Russia and the criminal activity performed on the professional basis, justifies the need to study the prerequisites for such an interrelation when countering corruption-related crimes, determining the object of legal protection. The article is also devoted to the issues of qualification of mediation in bribery in relation to the current level of criminal policy in Russia. The authors examine the topical problems of criminal and law assessment of mediation in bribery, promises or offers of mediation in bribery based on objective and subjective characteristics of the analyzed body of the crime. The article pays attention to a number of controversial formulations in art. 291.1 of the Criminal Code of the Russian Federation as applied to the theory of criminal law and modern law enforcement, offers author's interpretations, taking into account the rules of formal logic, explanations of judicial practice by the Supreme Court of Russia, determines the algorithm for qualification of mediation in bribery and criteria for distinguishing from related bodies of crimes.
In this article, in order to comprehensively counteract crime, a systematic method of studying state-legal and criminal reality through the prism of the system of legal responsibility is analyzed. It is indicated that in modern conditions, the system of measures of legal responsibility should be improved, aimed at establishing the causes and conditions that contribute to crime. Attention is drawn to the conflicts of the sectoral legislation of the Russian Federation that prevent the application of legal liability measures. The author's vision of the structural and substantive components of the systems under consideration is proposed. The sociological, political and cultural components of the problem are taken into account. The spheres of interaction between the system of legal responsibility and the system of combating crime are revealed. Using the appropriate methodological arsenal and regulatory framework, the instrumental characteristics of the system of legal responsibility and the system of combating crime are determined. In each of the systems, normative, procedural and organizational subsystems are identified and considered, the interaction between them is shown. The quality of the legal regulation of activities for the prevention of crimes and other offenses is assessed, the existing intra-system contradictions and their causes are identified, conceptual solutions for existing problems are proposed. The vagueness of legal norms and the lack of effective procedural mechanisms actually negates the law enforcement effect of fixing in the laws an extensive list of prohibitions aimed at countering crime. The current directions of criminal policy in the field of combating crime in the context of the development of legislation are determined. The comparison of the system of legal responsibility and the system of combating crime is made from the position of a methodological level approach, which allows them to be correlated at the substantive, structural and proper-system levels. Outside of the "points of contact" of the compared systems, the conditions for their convergence in various spheres of society were considered. The conclusion is made about the need to coordinate the system of legal responsibility with the realities of the reality surrounding the subjects of law. The connection between the effectiveness of the crime prevention system, the effectiveness of the system of legal responsibility, indicators of law-making, law enforcement and law interpretation activities is revealed.
The article is devoted to investigating criminals personality, identifying and analyzing specific deformations and other features of the personality that have led to committing a crime. It gives accent to primary importance of moral and psychological characteristics in studying the criminals personality. It offers a comparative analysis of these indicators with reference to the personalities of careless, juvenile, and environmental criminals. It identifies presence of fundamental differences in the moral and psychological characteristics of the individuals under consideration. Meanwhile, in terms of the moral and psychological aspect, it is possible to identify the worldview factors, the value orientations, the moral and ethical purposefulness, life aspirations of the personality. Psychological features are actively involved in formation of the personalitys moral image and determine the basic motives of its behavior. In other words, in each specific case the personality itself predetermines the choice of socially dangerous behavior, which, of course, depends on the personal characteristics of the individual, which are formed during his/her life. Thus, through the prism of the individual characteristics of the criminals personality there reveals a set of causes and conditions that contribute to its illegal behavior.
The authors examine the theory and practice of the interaction of international law and Russian criminal law in the system of their harmonization and standardization using specific crimes as examples. They also analyze international law norms from the standpoint of the criteria of their effectiveness in protecting the rights of minors in view of their further implementation in Russian criminal legislation. It is noted that a wide spread of different forms of illegal actions against minors is predetermined by the lack of a comprehensive system of protecting the rights of children in international and Russian legislation, the insufficient development of effective methods of detecting and registering different crimes. The authors point out that it is necessary to take into account the positive experience in protecting the rights and interests of children in the criminal legislation of other countries, especially partner countries, which is a vital condition for the success of integrational processes. They state that it is necessary to use a systemic approach in making decisions on criminalizing offenses against minors.
The authors use international experience to review main trends in improving terrorism-related criminal liability in Russia, analyze key international legal acts as well as Russian laws that form the basis for counteracting terrorism. They state that the federal law «On Counteracting Terrorism» eliminated a number of legal problems and contradictions in the counter-terrorism legislation and practice of counter-terrorism work. The authors pay attention to specific modern features of terrorist acts, including the use of the Internet technologies to recruit potential criminals. They study problems in international counter-terrorism cooperation. The authors note that the legal basis for counteracting terrorism at the municipal level is far behind the regional and federal levels and suggest how legislation for terrorism-related crimes and their subject composition could be improved. They show that it is necessary to hold close relatives of terrorists responsible for crimes against public safety if their knowledge about the crime or aid to criminals has been proven. It is noted that it is necessary to strengthen the system of preventive measures aimed at determining the causes and conditions contributing to terrorism. The role of special services in preventing terrorist attacks should decline while the impact of educational institutions, public organizations, the church and mass media should increase. Besides, the authors note that victimological influence is very promising for improving the effectiveness of terrorism counteraction and suggest making a number of amendments in the current Russian criminal legislation.
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