Vol 5, No 3 (2019)

Full Issue

Personalia

VIKTOR PAVLOVICH MALKOV (1931–2019). IN MEMORY OF THE OUTSTANDING RUSSIAN SCIENTIST

Bezverkhov A.G., Klenova T.V.

Abstract

24 июня 2019 г. в Казани в возрасте 87 лет ушел из жизни доктор юридических наук, профессор, заслуженный деятель науки Российской Федерации, заслуженный деятель науки Татарской АССР, крупнейший специалист в области уголовного права и уголовного процесса Виктор Павлович Малков. Виктор Павлович Малков – блистательный ученый-педагог, жизнь которого была связана со служением Отчизне, Обществу и Науке. Отличающие Виктора Павловича высокий профессионализм, основательность, большая ответственность и принципиальность стали идеальными стандартами поведения для юристов многих поколений. Профессор Малков, без всякого преувеличения – Богатырь российской юриспруденции, ставший носителем традиции русского уголовного права, на силе которого зиждется современная доктрина. Виктора Павловича Малкова отличали прекрасные человеческие качества. Ему были присущи открытость, готовность оказать помощь и поддержку, неподдельная скромность и честность, обостренное чувство справедливости и долга. Это был мудрый, благородный, совестливый человек с безбрежной душой, дарующий сердце и радость всем, с кем общался. Профессор Малков умел великолепно строить человеческие взаимоотношения. Возможно, именно поэтому Виктор Павлович всегда был таким жизнерадостным и жизнелюбивым, полным творческих замыслов и идей, успешным, уважаемым и любимым. От имени деканата, коллектива юридического факультета, кафедр уголовного права и криминологии, уголовного процесса и криминалистики Самарского национального исследовательского университета имени академика С. П. Королева выражаем глубочайшие соболезнования заботливой супруге Виктора Павловича – Татьяне Ивановне Малковой, кандидату химических наук, и его сыну Сергею Викторовичу Малкову, кандидату биологических наук, лауреату премии Ленинского комсомола 1983 г.
Juridical Journal of Samara University. 2019;5(3):7-9
pages 7-9 views

History of law and state

ABOUT SOME TYPES OF CORRUPTION CRIMES IN THE MOSCOW LAW OF THE XVI CENTURY

Bezverkhov A.G.

Abstract

The article is devoted to criminal-legal characteristics of the false accusations with the aim of seizing someone else’s property as a form of corruption crimes, known to the medieval law of Moscow of the XVI century based on the analysis of public-law acts (statutory and labial letters), legislative (the Pskov Judicial Charter, Code of Laws of 1550) and other sources (notes of foreigners about the Moscow state in XVI century) substantiates the assignment of the considered compositions acquisitive criminal offences to the group of corruption-related crimes. The scheme of the criminal act assumed, first, the presence of secondary crime of false testimony, usually from a person already arrested robber, who pointed to their alleged «accomplices» of the obviously innocent locals. Secondly, the seizure by confiscation of property belonging to knowingly agreed and convicted of complicity in the primary crime. The acquisition of part of someone else’s property determined the selfish motivation of the secondary crime. Thirdly, especially the subject composition, the core of which were representatives of the judiciary and other officials –  a kind of organizers and active participants in the secondary criminal assault. This was the peculiarity of the analyzed tort, characterized by such a social and legal feature as complicity in a secondary mercenary crime of officials exercising their powers in the field of justice.

Juridical Journal of Samara University. 2019;5(3):10-14
pages 10-14 views

DIRECTIONS OF ANTI-CORRUPTION IN THE LAW OF THE MOSCOW STATE OF THE 16TH CENTURY

Ospennikov Y.V.

Abstract

The author of the article proceeds from idea of strong communication between legal tradition of the Moscow state and the previous period, and in general the Moscow right of the 16th century evolved on the strong base of the previous legal tradition, including regarding the precepts of law devoted to restriction of an imperious arbitrariness of officials and suppression of possible use of powers of authority for realization of private mercenary interest. In research literature approach according to which concrete historical forms of corruption in the Moscow right come down to the maintenance of the concept «bribery» dominates and are identified with the terms «extortion» and «bribery». Meanwhile realities of the Moscow state of the 16th century generated a much bigger variety of forms of corruption, many of which are still insufficiently studied. On the basis of the analysis of legislative monuments of the law of the Moscow state of the 16th century, public diplomas and narrative sources of information the system of corruption offenses and the main directions of anti-corruption which were created at the level of state policy comes to light: 1) precautionary measures; 2) measures of positive responsibility; 3) measures of civil and criminal liability assuming realization of functions of compensation of the caused damage and actually punishment.

Juridical Journal of Samara University. 2019;5(3):15-19
pages 15-19 views

PROBLEM OF IDENTIFICATION OF CORRUPTION OFFENCES IN ECCLESIASTICAL LAW OF THE MOSCOW STATE OF THE 16TH CENTURY

Rozentsvaig A.I.

Abstract

In article the problem of identification of corruption offenses in the ecclesiastical law of the Moscow state of the 16th century on the example of analysis of narrow and broad interpretations of a concept of simony is put. It is shown that church law acted on the principle of analogy, building the regulation of corruption offences related to the collection of illegal fees to the corresponding legal institutions known in the subsystem of secular law. In general, the Church was interested in legalizing illegal fees, which was carried out in two ways: 1) through the formalization of law and the legitimization of previously informal fees; 2) by turning informal fees into a legal custom and presenting those fees as voluntary «gifts». The second way was more archaic and, apparently, in the conditions of Moscow law of the 16th century the first way was dominated. As a result of the consideration of the sources of church law, the interpretation of corruption in the system of church law as a single subjective sin is seen as baseless. On the contrary, corruption offences should be studied as a systemic problem of church law, which is not subjective and is not related to the sinfulness of individuals. The originality of ecclesiastical law, the duality generated by it in interpretation of simony is emphasized, the explanation of survivability of this institute in ecclesiastical law of the Moscow period is offered.

Juridical Journal of Samara University. 2019;5(3):20-25
pages 20-25 views

NAMESTNIK GOVERNMENT AND ITS ALTERNATIVES: PROBLEMS OF EFFICIENCIES OF LOCAL GOVERNMENT IN RUSSIAN STATE AT THE END OF THE XV – XVI CENTURIES

Fomenko R.V.

Abstract

In the article evolution and overall effectiveness of local management in the Russian state at the end of the XV–XVI centuries is considered. Problems of interchangeability and complementarity of different forms of public administration, gubnoe and territorial self-government are put. In the article it is shown, that the natural decline of namestnik management begins with the middle of the 16th century as the transitional and limited form not capable in the conditions of centralization of the state properly to perform the administrative and judicial functions. On the basis of consideration of standard and law-enforcement acts two trends are revealed: 1) during gubnoe both territorial reforms considerable and various powers allocate local governments; 2) in the process of development of a mandative system in the center, conditions for bureaucratization of management and on places are gradually created. From 50–80-ies of the 16th century together with registration of a mandative system and inclusion in the structure of state of foreign territories voivodship management on places arises. Initially as extraordinary management in the suburban cities and in again developed territories, the voivodship system as it appeared, had bigger in comparison with namestnk growth potential.

Juridical Journal of Samara University. 2019;5(3):26-33
pages 26-33 views

PECULIARITIES OF THE BRIBE IN THE SYSTEM OF CORRUPTION OFFENSES IN THE LAW OF THE MOSCOW STATE OF THE XV–XVI CENTURIES

Logunova L.E.

Abstract

Based on the analysis of legislative monuments of law of the Moscow state of the 15–16th centuries, public charters and narrative sources, the author attempts to define the terminology in the field of corruption in the Russian law of the period under review, distinguish and promise as a mandatory fee for the conduct of the judiciary of certain legal proceedings, regardless of the outcome of the trial, from the «secret bribe» and «secret extortions», which acquired at that time character of corruption offenses along with «extortion» and «bribery». The main aspects and features of corruption offenses typical for the period of the Moscow state are analyzed and disclosed. Not only such well-known monuments of the Russian law, like the Code of Laws, but also charters, labial mandates and other sources of law in the period of 15–16th centuries are studied. The author draws attention to the importance that the legislator of the period under review payed to the fight against local arbitrariness.

Juridical Journal of Samara University. 2019;5(3):34-39
pages 34-39 views

Theory of law and state

FORMAL SOURCES OF LEGAL REGULATION OF ANTI-CORRUPTION ACTIVITIES IN RUSSIA

Spirin M.Y.

Abstract

The article defines the main normative levels of formal sources of law, which, taking into account the achievements of domestic legal thought and the development of legislation, as well as judicial and international treaty practice, regulate organizational activities in the field of combating corruption. The features of the historical development of such regulation on the example of the analysis of the conceptual provisions of the draft of Russian Federal laws on combating corruption and on combating corruption activities are also considered. The conclusion is made about interrelation and interdependence of various levels of normative regulation of corruption counteraction as the general social phenomenon and fight against various types of corruption offenses in the Russian society.

Juridical Journal of Samara University. 2019;5(3):40-44
pages 40-44 views

SUBSTANTIVE FACTORS OF LEGAL AND ANTI-CORRUPTION EXAMINATION AS A MEANS TO IDENTIFY CORRUPTION RISKS

Kostunina O.V.

Abstract

In the theoretical and application plan the article examines the relationship between legal and anticorruption examination and their importance for identifying corruption risks in municipal lawmaking. As a research task, the author attempted to evaluate the findings about the overlap between the subject of legal and anti-corruption examination. Based on practical experience, it has been argued that legal defects, which are factors involving corruption, can be identified without anti-corruption examination. Taking into account the interpretation of the existing procedural law, the analysis and synthesis of scientific and practical material on challenging the rules of law showed that the grounds for challenging regulatory legal acts (rules of law) can be either the result of legal or anti-corruption examination. This allegation is also complemented by a consideration of the relationship between the concepts of the «conditions for corruption» and «lack of legal clarity». The article summarizes the new material on the studied topic, and also proposed a new classification of conditions for corruption.

Juridical Journal of Samara University. 2019;5(3):45-50
pages 45-50 views

LEGAL LEGITIMACY OF A LEGISLATIVE ACT

Chernobel H.T.

Abstract

The article attempts to formulate the principles of legitimacy of law since this issue is relevant but still remains debatable. Sources of law are being accepted in which «power law» prevails over «power of law». In Soviet society, there was no right at all, because instead of legal laws, the law of the Communist Party dominated. Among the basic principles of legal legitimacy author identifies the principles of constitutional fundamentalization, popular representation, election of the parliament, judicial control over legislative activity. In addition, the legitimacy of law is ensured by legislative regulation of the legislative process, public participation in the preparation and discussion of draft laws, and professional and creative use of the rules of legislative technology.

Juridical Journal of Samara University. 2019;5(3):51-59
pages 51-59 views

PROBLEMS AND PROSPECTS OF IMPROVING THE LEGAL CONSTRUCTION OF LEGAL LIABILITY IN THE FIELD OF INVESTMENT LEGAL RELATIONS

Kuzmin I.A.

Abstract

This article on the example of the Russian legal system analyzes the features of the legislative structure of legal liability in the field of investment activity. The complex nature of investment legal relations and their exceptional economic importance for modern society invariably prompt the legislator to seek legal means for their proper provision and protection. Such a need is especially noticeable manifested in the conditions of an unstable economic system and economic crises. Using general scientific and private scientific research methods, relying on doctrinal and regulatory sources, as well as materials of legal practice, the author comes to the conclusion that the legislator as a whole lacks an understanding of liability in the relevant field and the legal technology for securing it. To solve this problem, the author proposes a set of specific legal actions for legislative and law enforcement agencies, major investors and formulates the main content of legal technology of securing liability for offenses in the investment sphere.

Juridical Journal of Samara University. 2019;5(3):60-67
pages 60-67 views

Criminal law

ACTUAL PROBLEMS OF UNDERSTANDING THE EXCESSIVE ACT OF AN ACCOMPLICE

Klenova T.V., Mnatsakanyan D.L.

Abstract

The article deals with some issues related to the understanding of the excesses of accomplices and the definition of the criminal – legal consequences of crimes committed in the appropriate conditions. The current Criminal Code of the Russian Federation establishes a definitive rule on the excessive behavior of the perpetrator of the crime, but does not regulate the criminal liability of this accomplice in the excesses, as well as the responsibility of other accomplices in the crime. In this case, the excess of accomplices who are not co-perpetrators of the crime is not unreasonably taken into account. This explains the choice of the purpose of the study – to determine the initial ideas of understanding the incident, not only the performer, but also other accomplices of the crime. Objectives of the article: to confirm the possibility of excesses of an accomplice who is not the perpetrator of the crime, to identify the limits of excesses of accomplices, to develop recommendations for improving the current legislation in this area of legal regulation, to formulate rules for the qualification of crimes in the conditions of excesses of accomplices. The main conclusions of the authors of the article – on the understanding of the excesses of the accomplice without deviation from the conceptual ideas of the doctrine of complicity, the universality of the rules of the excesses and the need to differentiate the responsibility of the accomplices in the excesses of any of the accomplices.

Juridical Journal of Samara University. 2019;5(3):68-73
pages 68-73 views

HISTORICAL EXPERIENCE OF STRUCTURING OF THE SPECIAL PART OF THE CRIMINAL CODE (ON THE EXAMPLE OF THE CRIMINAL CODE OF THE RSFSR OF 1926)

Golenko D.V.

Abstract

The article explores the origins of the Criminal Code of the Russian Federation. The structure of the Soviet Criminal Code of the RSFSR, adopted after the approval of the all-Union criminal legislation (Criminal Code of the RSFSR of 1926), is examined. The evolution of the views of the legislator on certain elements of crimes, the change in ideas about their place in the Special Part of Criminal Law is illustrated. A systematic analysis of every tenth chapter, included in the Special Part of the Criminal Code of the RSFSR of 1926 (Special Section of the Criminal Code), is carried out. The paper also studies the specific features of articles, their sanctions, and notes. The role of article notes is defined. The sanctions of articles, used in the Special Part of the Criminal Code of the RSFSR of 1926, are classified. The problems of structuring of the Special Part of the Criminal Code of the RSFSR of 1926 (Special Section of the Criminal Code) are considered for the purposes of a historical lesson and the formation of a modern view of Soviet criminal law.

Juridical Journal of Samara University. 2019;5(3):74-78
pages 74-78 views

Ethics and psychology of law-enforcement activity

SOME ISSUES ARISING IN THE APPLICATION OF THE PROVISIONS OF ARTICLE 72 OF THE CRIMINAL CODE IN THE WORDING OF THE FEDERAL LAW AS OF JULY 3, 2018 № 186-FZ AND POSSIBLE SOLUTIONS

Dolgich T.N.

Abstract

The Constitution of the Russian Federation stipulates that the Russian Federation is a state in which man, his rights and freedoms are the supreme value, and recognition, observance and protection of the rights and freedoms of man and citizen – the duty of the state; the rights and freedoms of man and citizen in the Russian Federation admit and guaranteed according to universally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation, they determine the meaning, content and application of laws and guaranteed by law. It is the responsibility of the courts to administer justice in order to realize the legitimate rights and interests of both society and the individual. The principle of inevitability of punishment assumes that society not only has the right to punish a person for violations committed, but at the same time, it has the right to alleviate the fate of a person found guilty by a court verdict.

Juridical Journal of Samara University. 2019;5(3):79-83
pages 79-83 views

Criminal science

TYPOLOGY OF THE IDENTITY OF MINORS WHO COMMIT CRIMES IN ORGANIZED GROUPS

Gribunov O.P., Zagoryan S.G.

Abstract

The article is devoted to the study of typology of the personality of minors who commit crimes in organized groups. The characteristic of minors involved in criminal groups is given. The main causes contributing to the development of juvenile criminal inclinations are considered. These are the influence of the social environment, individual characteristics of the personality of the minor, social contradictions. The personality of juvenile offenders in organized forms of its manifestation is considered on the basis of characteristics that include socio-demographic characteristics, value-normative and need-motivational spheres of the personality consciousness, functional and social-role relations of an individual. The role of the leader member of a criminal group is indicated.

Juridical Journal of Samara University. 2019;5(3):84-90
pages 84-90 views

COUNTERACTION TO BEGGING IN RUSSIA: HISTORICAL ASPECT

Teokharov A.K.

Abstract

This article examines the history of struggle against begging in Russia, which in different periods was regulated by both criminal and administrative measures. The need for retrospective analysis is due to the fact that begging from the occupation characteristic of the poor and disadvantaged, turned into an illegal business, which attracted the attention of fraudsters and organized criminal groups. In addition, in modern Russian legislation there is no system of legal measures to counteract begging. The author’s periodization of domestic legislation aimed at combating begging is given. The author concludes that at each historical stage the implementation of legislative measures was complicated by the favorable attitude of citizens to begging and such objective factors as wars, crop failures, epidemics. The author believes that the historical period in which the balance between repressive and social measures was achieved is the end of the XIX century. In conclusion, the author comes to the conclusion that state measures to combat begging should be aimed at social security of people who really need help, and combating professional begging.

Juridical Journal of Samara University. 2019;5(3):91-100
pages 91-100 views

Criminal procedure

DEVELOPMENT PROBLEMS OF LEGAL REGULATION OF THE TEACHER’S (PSYCHOLOGIST) ACTIVITIES IN INVESTIGATIVE ACTIONS

Lazareva V.A., Demkina M.S.

Abstract

Disadvantages of legal regulation of the teacher’s (psychologist) participation in the investigative actions are well known. They consist both in the absence of norms determining the general procedural position of this participant in the proceedings and in contradictory legal structures that regulate the involvement of a teacher (psychologist) to conduct investigations with the participation of minors. The possibility of ambiguous interpretation of legal provisions can have serious consequences both in the form of violation of the rights and legitimate interests of minor subjects of criminal proceedings, as well as in the form of loss of a minor’s evidence of admissible evidence. In this regard, it is necessary to determine the status of the teacher and the psychologist in the criminal process, understand his role (function) in the proceedings and designate the scope of rights that ensures the effectiveness of this activity. The article describes the contents of the study conducted by the authors of the theoretical and practical problems of the teacher and psychologist’s participation in the preliminary investigation of criminal cases during which minor witnesses, victims, suspects, defendants are engaged in the interrogation, confrontation, verification of evidence on the spot and other investigative actions accompanied by the need to respond to the questions of the investigator or the interrogator. Being subjected to psychological pressure, minors face the need in protecting their interests from the adult, unrelated to the criminal proceedings, not interested in its results and having an experience in working with children and adolescents, capable to reassure a minor, explain the essence of the investigative action, help to establish mutual understanding with the investigator and thereby significantly reduce the risk of minor’s psychological injury. The concept of a teacher, psychologist is justified as an independent participation in criminal proceedings, formulates proposals aimed at improving its procedural status.

Juridical Journal of Samara University. 2019;5(3):101-107
pages 101-107 views

CRIMINAL PROCEDURE FORM AND WRITING OF THE CRIMINAL PROCEEDING AS AN INSTITUTIONAL PRINCIPLE OF PRELIMINARY INVESTIGATION

Stepanova V.G.

Abstract

This article examines the relationship between the established criminal procedure form, which provides for writing the pre-trial proceedings as a permanent attribute to ensure the achievement of the purpose of criminal proceedings, and the observed global trends in the digitization of criminal proceedings. Constant «offensive» manifestations of scientific and technological progress, in most cases regarded as a positive phenomenon, acting for the good of society, in criminal proceedings enter into confrontation with the achievements of criminal procedural science. If earlier the writing of criminal proceedings allowed to ensure the procedural «purity» of materials used in the process of evidence in a criminal case, then at present digitalization of criminal procedure relations threatens the traditions of evidentiary law that have been forming for decades. The article raises the question of the need to form a different approach to the concept of the criminal procedure form.

Juridical Journal of Samara University. 2019;5(3):108-113
pages 108-113 views

PROBLEMS OF APPLICATION OF A SPECIAL PROCEDURE FOR THE TRIAL ON CRIMINAL CASES

Razveykina N.A., Dyachkova E.A.

Abstract

This article discusses theoretical and practical problems of a special procedure for criminal justice. A brief description of the idea of simplifying the trial by truncating the stage of proof is given. The purpose of the article is to identify some shortcomings of the regulatory framework and formulate proposals for further research, as well as ways to improve the legislation. The authors trace the legislative changes about the special proceeding, and express reasonable doubts regarding the compliance of the special proceeding of the trial with the basic criminal procedural principles. There is a comparison of the legal nature of the sentence in general and special order. The idea of the duality of the sentence is criticized. Special attention is paid to the dependence of the special proceeding on the consent of the victim, as well as to criticism of the procedure for appealing against the investigator’s decision to refuse the petition for concluding a cooperation agreement.

Juridical Journal of Samara University. 2019;5(3):114-119
pages 114-119 views

Financial and banking law

SOME FEATURES OF IMPLEMENTATION OF CONTROL POWERS BY THE CENTRAL BANK OF THE RUSSIAN FEDERATION

Kurdyuk P.M., Ochakovskii V.A.

Abstract

The development of domestic banking system at the present stage is undergoing another round of reform. The key segment that is undergoing changes is the Bank of Russia, which since 2013 has undergone a number of changes in the legal regulation of its status, including in the field of banking control and supervision. The article attempts to investigate some features of implementation of control powers by the Bank of Russia. The author pays special attention to the analysis of the new mandate of the Bank of Russia – the control event. This article attempts to reveal the main reasons for the introduction of this novel. Attention is drawn to the fact that the procedure of carrying out control measures by the Bank of Russia is governed not only by the Federal Law «On the Central Bank of the Russian Federation (Bank of Russia)», but also the Instruction of the Bank of Russia as of December 18, 2018 № 195-I «On the procedure of organization and carrying out by the Bank of Russia of supervisory measures against credit institutions and noncredit financial organizations, the procedure for sending copies of the report on conducting of control measures to the credit institution non-Bank financial institution with respect to which was conducted a test event».

Juridical Journal of Samara University. 2019;5(3):120-125
pages 120-125 views

Tribune of young scientist

COMMITTEES OF THE BOARD OF DIRECTORS IN JOINT-STOCK COMPANIES WITH STATE PARTICIPATION: ON THE ISSUE OF IMPROVING CORPORATE LEGISLATION

Filyakina D.D.

Abstract

This article discusses issues related to the activities of committees under the board of directors (supervisory board) of joint stock companies whose shares are owned by the Russian Federation. A brief review of the corporate governance of six joint-stock companies with state participation is under way. The study is based on the analysis of the internal regulatory acts of the societies under consideration, current legislation, and Russian and foreign legal doctrine. The author comes to the conclusion that most often in joint stock companies with state participation, audit committees, strategy committees, as well as personnel and remuneration committees are created under the board of directors (supervisory board). The activities of the audit committee in the light of changes in shareholder legislation are analyzed in more detail. As a result of the research, author’s conclusions are formulated on the positive dynamics in the area of improving Russian corporate governance and on the development prospects of such management tools, the place of the committees of the board of directors in the hierarchy of business company’s bodies is indicated.

Juridical Journal of Samara University. 2019;5(3):126-133
pages 126-133 views

LABOR ADAPTATION AS THE MAIN FACTOR OF RESOCIALIZATION OF CONVICTS: PROBLEMATIC ASPECTS AND WAYS OF THEIR SOLUTION

Smirnov I.A.

Abstract

Currently, the employment of persons sentenced to deprivation of liberty and released from it is a problematic issue due to a number of different circumstances. Existing penal enforcement legislation does not provide for a range of measures directly related to promote the employment of convicts in the postpenitentiary period. Although the decision of social problems arising in convicts after their release, including the search for work, need to be addressed at the final stage of deprivation of liberty. In the scientific literature there are a number of proposals for solving the above problems, but their implementation is not supported by a specialized legal foundation that has a systemic and strategic character. In this context, it seems appropriate to adopt an appropriate targeted programme at the federal level. On the positive side, be pointed out the prerequisites for the development of public-private partnerships in the penal correctional system, as well as a certain potential for its development. It is necessary to borrow the positive experience from some foreign countries, taking into account the specificities of the Russian legislation. The practice of organizing job fairs and the implementation of various models of communication with potential employers are of particular interest.

Juridical Journal of Samara University. 2019;5(3):134-140
pages 134-140 views

SOCIO-ECONOMIC AND INFORMATION TECHNOLOGY BASES OF CRIMINALIZATION OF FRAUD IN COMPUTER INFORMATION

Grigoryan G.R.

Abstract

The article analyzes socio-economic and information technology bases of criminalization of fraud in the field of computer information. It is shown that the socio-economic factor of conditionality of the criminal law protection of information and economic security is predetermined by the emergence and development in the modern world of the digital economy. As for information technology factors of conditionality of criminal law protection of economic relations, they are associated with the processes of formation of the information society. According to the author, under the conditions of action of new objective laws, paradigms of criminal law protection of property relations change, and the focus shifts towards protecting property and other economic relations in the use of information and communication technologies from various unlawful interventions and violations. It is concluded that the mechanism of criminal law regulation of information property relations requires the construction of new offenses related to the rules on traditional fraud committed using deception or abuse of trust in relation to exclusively alien things as objects of the physical world or right to property.

Juridical Journal of Samara University. 2019;5(3):141-146
pages 141-146 views

SEPARATE CRIMINALISTICS ASPECTS OF INVESTIGATION OF ORGANIZATIONAL AND TACTICAL SUPPORT OF INVESTIGATION OF UNSOLVED CRIMES OF THE PAST YEARS COMMITTED IN TRANSPORT

Kravtsova I.A.

Abstract

At the present stage, the timely detection and investigation of crimes committed in transport, is one of the most difficult tasks for the Department of Internal Affairs. In this connection, the detection of this category of crimes continues to be low. According to the Main Information and Analysis Center of the Ministry of Internal Affairs of Russia every third of crimes remain unsolved. Thus, there is an urgent need to resolve the situation. A promising direction is the improvement of forensic support for the investigation of unsolved crimes of the past years committed in transport. The article considers the regularities of organizational and tactical support of investigation of unsolved crimes of the past years committed in transport. The specificity of organizational and tactical support is the need to solve problems in the first place of organizational nature, and accordingly improve its tactical features, which fill the substantive side of this activity. The most relevant direction of improving the organization of their investigation is the creation of specialized investigative teams operating on a permanent basis. In the article the author proposes some directions of improving the tactical features of the organization of the investigation.

Juridical Journal of Samara University. 2019;5(3):147-154
pages 147-154 views

SYSTEM OF TERRITORIAL SELF-GOVERNMENT AS ANTI-CORRUPTION MEASURE

Davitavyan D.V., Silantyev R.V.

Abstract

In the article the system of territorial self-government as a way of fight against corruption offenses in the Russian state in the middle of the 16th century is considered. The following problems are put: to find out against what corruption offenses this system was directed, how effectively coped with them. The main one for anti-corruption measures within the framework of the Zemstvo reform was the replacement of the local administrative and judicial apparatus with local self-government bodies formed by elected «best people.» In the issuance of Zemstvo diplomas, various fees in favor of volostels and tiuns were replaced by a fixed monetary hoard, paid in favor of the supreme power once a year, which significantly reduced the opportunities for manifestations of corruption. Moreover, a number of provisions of the Zemstvo diplomas specifically stated that there was no need to transfer to any officials «bribes and pominki», that is, an unexpected remuneration for the exercise by the Judicial Officer of his functions. According to the Zemstvo diplomas, the Supreme Power understood that new elected officials could also commit corruption offences, which included an explicit ban on accepting «gifts» in connection with the exercise of their functions, and the penalty for violating this ban was the death penalty.

Juridical Journal of Samara University. 2019;5(3):155-161
pages 155-161 views

Events

OVERVIEW OF THE ROUND TABLE «LEGAL REGULATION OF DIGITALIZATION OF SOCIO-ECONOMIC DEVELOPMENT»

Koroleva A.N.

Abstract

28 февраля 2019 года состоялся междисциплинарный круглый стол «Правовое регулирование цифровизации социально-экономического развития», в работе которого приняли участие преподаватели и студенты гуманитарных, общественных и технических направлений из нескольких вузов Самарской области. Обзор по итогам круглого стола и круглый стол проведены в рамках выполнения исследования при финансовой поддержке РФФИ и Правительства Самарской области в рамках научного проекта № 18-411-630011 «Повышение эффективности стратегического планирования социально-экономического развития и совершенствования институтов финансового рынка Самарского региона и муниципалитетов в условиях цифровой экономики». Основными темами обсуждения стали проблемы трансформации права в условиях развития цифровых технологий, идентификации субъектов и их цифрового профиля, цифровизации в сфере публичной власти, государственного и муниципального управления, институтов развития экономики России, Самарской области, муниципальных образований, цифровизации в сфере частно-правовых отношений и на отдельных видах рынков (финансовом, товарном и др.), цифровизации правосудия и исполнительного производства, возможности применения технологий искусственного интеллекта в судебной деятельности, проблемы цифровой девиации и противодействия преступности в сфере цифровой экономики и др.
Juridical Journal of Samara University. 2019;5(3):162-163
pages 162-163 views

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