Journal headings
"Legal sciences"
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Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-59-64
Keywords: false testimony, сounteracting the investigation of crimes, witness, victim, body of inquiry, threat of murder, beatings
Annotation: The current issues related to the false testimony by witnesses and victims as the most common way to counteract the investigation of crimes are considered. The concept of “false testimony” (“perjury”) is analyzed in relation to the forms of counteraction to the investigation, the essence of false testimony through the prism of witness immunity is revealed and the related issues are identified. The typical motives of counteraction in relation to the investigation of certain crimes, the preliminary investigation of which is not necessary, are highlighted, while the psychological component of the motivation of victims and witnesses is highlighted. Using the example of a specific criminal case initiated by the body of inquiry on the grounds of Part 1 of Article 119 of the Criminal Code of the Russian Federation, the mechanism of the considered method of counteraction is revealed. In this regard, a key problem is identified related to the need to strengthen the evidence base in criminal cases, investigative bodies of inquiry. On the basis of the above, a conclusion is formulated on the directions for ensuring effective identification and overcoming opposition to investigations in cases of this kind. In the text of the article, the Russian Federation is abbreviated as RF.
THE REASONS AND CONDITIONS FOR THE HOSTAGE-TAKING IN THE DETENTION CENTER
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-59-64
Keywords: hostage-taking, detention center, correctional institution, crime, violence, suspect, accused4
Annotation: The article discusses the current issues related to criminal violence during the implementation of a preventive measure in the form of detention. One of the most serious crimes that can occur in pre-trial detention centers is undoubtedly taking hostages. This act poses an increased public danger and is associated not only with the forced detention of a person, but also with the use or threat of violence against them, the possibility of illegal escape from detention and the potential for continued criminal activity. Currently, there are 210 pre-trial deten- tion centers and 71 premises operating as pre-trial detention facilities2 located on the territory of each region of the Russian Federation within the penal system. In this regard, the study of this topic is quite relevant, as the commission of such an act not only destabilizes the operations of this correctional facility, but also necessitates the activation of the entire law enforcement apparatus in the region. In the text of the article, the Russian Fed- eration is abbreviated as RF.
INNOVATIONS ON THE LEGAL REGULATION OF BANKING OPERATIONS IN DOMESTIC LEGISLATION
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-60-65
Keywords: banking law, bank, non-bank credit institution, banking system of the Russian Federation, banking operation, transaction of a credit institution, universal license, basic license, precious metals
Annotation: This article is devoted to the analysis of the current state of the norms of domestic legislation on banks, the banking system of the Russian Federation and banking activities, as well as the identification of the main trends in its development. The article analyzes the amendments and additions made to the current legislation, primar- ily to the provisions of the Federal Law “On Banks and Banking Activities”, which is one of the key regulatory legal acts regulating the functioning of the Russian banking system. The article identifies the main innovations in domestic legislation on banking operations. A number of proposals is also formulated, which is aimed at clarify- ing and supplementing the conceptual apparatus used in this Law, with the aim of further improving the legal regulation of banking operations in Russia. The relevance of the study of innovations in banking legislation is beyond doubt. The explosive growth in the number of banking products offered to the public and legal entities is observed. The increasing debt burden of the population and, as a result, an increase in the total number of bankruptcy procedures for individuals forces the legislator to “hone” the basic definitions of the Law.
FEMALE CRIMINALITY: CURRENT TRENDS
Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-65-71
Keywords: Female criminality, gender, masculinization of women, female violent crime, classification of crimes, general and strict regime correctional colonies for women, serious crimes, execution of punishment
Annotation: Over the past more than 10 years, there has been an annual decrease in the number of convicts serving sentences of imprisonment. Moreover, a decrease is observed in all categories of convicts, regardless of their gender and age. This is undoubtedly a positive trend, given the rather modest possibilities of correctional institutions for the correction of persons held in them. However, with a general decline in the number, criminal statistics indicate a continuing trend of an increase in the share of female crime both in the total volume of recorded crimes and in the number of convicts serving imprisonment. The authors of the article, among the social reasons for this negative phenomenon, pay attention to such a growing social and gender-psychological phenomenon as female masculinity, which increasingly affects the choice of violence by the weaker sex as a way to resolve conflicts. According to the authors, the time-tested classification of women into categories depending on the severity of the committed act and the recurrence of crimes should be restored. Thus, it will be possible not only to prevent criminal infection of women serving imprisonment for the first time (70 %), but also to contribute to the realiza- tion of such a goal of punishment as the restoration of social justice at the stage of execution of punishment. In its most general form, it can be formulated as: “Different for what has been done”. In the text of the article, the Russian Federation is abbreviated as RF.
LAW ENFORCEMENT PRACTICE OF ORDERING FORENSIC EXAMINATIONS DURING A JUDICIAL INVESTIGATION IN CRIMINAL PROCEEDINGS
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-65-72
Keywords: trial, examination of evidence, forensic examination, appointment, procedural order, additional forensic examination, repeated forensic examination, commission forensic examination, complex forensic examination, law enforcement practice
Annotation: The trial is the central stage of the criminal proceedings, during which all the evidence gathered during the investigation of the criminal case is examined. Quite often, forensic examinations that were carried out during the preliminary investigation are subject to thorough investigation. In the course of judicial proceedings, situations may arise where the court identifies inconsistencies in the con- clusions and research part of an examination, inconsistencies between the findings of multiple examinations, expert incompetence, and other issues that affect the thoroughness and clarity of a forensic investigation, and ultimately its objectivity. In such a situation, in order to determine the truth in a case, it is necessary to conduct additional, repeated forensic examinations as part of the trial process. The authors analyzed the judicial practice of appointing various types of forensic examinations in judicial investiga- tions. This made it possible to identify violations committed during the examinations in the course of the prelimi- nary investigation, and, therefore, to summarize the grounds for the appointment of forensic examinations within the framework of a judicial investigation. In the text of the article, the Russian Federation is abbreviated as RF.