Vol 6, No 1 (2020)

The article is devoted to the teacher and mentor Viktor Pavlovich Malkov. It emphasizes that V. P. Malkov made a great contribution to the science of criminal law in the USSR, and later in Russia. A special merit of Viktor Pavlovich Malkov is that it was he who in his doctoral thesis and subsequent works revealed not only the concept of «multiple crimes», but also convincingly proved in what forms and subspecies of these forms it is represented in social and legal reality. The article notes that V. P. Malkov is a solid scientist, a good organizer, an exemplary teacher and mentor.

The article is dedicated to the substantive complaint of multiple offenses– its social danger. Such understanding of the essence of multiple offenses is based on the teachings of V. P. Malkov about the multiple offenses, his conceptual ideas on the existence of the relationship between crimes forming the multiplicity of crimes, and about multiple offenses and personality traits of the guilty person. The article deals with the relationship of the concepts of multiple crimes in the criminal law and criminological aspects and concludes that the social danger of multiple crimes is reduced in the context of situational criminal policy, and that modern Russian criminal policy is mainly aimed at the unifi cation of criminal responsibility of fi rst offenders and reoffenders, rather than the traditional task of differentiation of criminal responsibility, in the light of the forms and types of multiple crimes. It is concluded about the need for legislative accounting of increased social danger of diverse forms and types of multiple offenses and personalities of the guilty persons and differentiated approach to casual and professional criminals.

This study addresses certain aspects related to the differentiation in the current Criminal Code of the Russian Federation of forms (types) of the multiplicity of crimes. The illusory nature of notions of totality and repetition of criminal intrusions as options that completely exhaust the phenomenon of multiplicity is noted. Clarifi cations are made in some groups of manifestations of the multiplicity of crimes available in the legal literature. The difference between concepts such as «multiplicity related (not related) to a criminal record for a previous crime» and «multiplicity related (not related) to conviction of a previous crime» is emphasized. The correlation of the cumulative sentence with forms of multiplicity of crimes is determined. The meaning of the provision enshrined in the fi rst sub-paragraph of paragraph № 54 of the Resolution of the Plenum of the Supreme Court of the Russian Federation «On the Practice of Assigning Criminal Sentence by the Courts of the Russian Federation» is revealed. The conditions under which the rules of accumulative sentencing can be applied to crimes having a long continuance, in particular, continuous offences are characterized. A defi nite outline of this paper is given by the author’s analysis of scientifi c approaches to the classifi cation of the forms of the multiplicity of crimes which had been developed by Viktor Pavlovich Malkov.

The rules of multiplicity and competition of criminal norms are researched in the article. The issues of qualification of assaults against physical freedom of person are analysed in according to these rules. Stealing of a person is considered as composite crime including illegal deprivation of freedom. Recommendations of the Supreme Court of the Russian Federation are researched on qualifi cation of crimes against physical freedom of person. The qualifi cation of intentional grievous bodily harm during kidnapping and human traffi cking is justifi ed not on the basis of «violence dangerous to human life or health», but on a particularly qualifying feature in the form of other grave consequences.

The article deals with some of the problems that arise when a convicted person is exempted from punishment due to another s erious illness. It proposes the ways to solve them, in particular, it defends the position that the possibility of the living arrangement of a convict is crucial for the court in deciding the problem of exemption them from further serving a sentence in connection with another serious illness, as well as the need to amend the provisions of Part 4 of Article 81 of the Criminal Code of the Russian Federation.

On the basis of an integrated approach the authors of the paper address to the problem of involuntary treatment of persons suffering from socially signifi cant diseases. The paper provides the assessment of nature and intensity degree of repressive measures that can satisfy the concern of people interested in isolating a person suffering from a socially significant disease, on the one hand, and the interests of a patient hospitalized in a medical institution, despite the fact that the person did not commit any illegal malicious acts, on the other hand. Taking into account the chosen integrated approach, the authors refer to the assessment of criminal law measures, as well as to the assessment of protective measures currently being implemented in administrative proceedings. The paper analyzes the judicial activity on hospitalization sanctioning in terms of legality of referring it to administrative proceedings (rather than to civil proceedings, as it was before), as well as to the cases related to the judicial control over the exercise of power. Considering the nature of court decisions enforcement in this category of cases the authors assess the appropriateness of its positioning as ordinary enforcement proceedings. This paper attempts to determine the stimulation admissibility of a debtor to enforce judicial decisions in this category of cases on the basis of criminal law prohibitions.

The article discusses the urgent problems of preparing convicts for release from serving their sentences. It is proved that effective work aimed at preparing for release, as well as providing assistance in labor and domestic services to persons being released, are the main link in the prevention of recidivism. The Regulation on the group of social protection of convicts of the correctional institution of the penal system, the Instructions on the provision of assistance in labor and domestic services, as well as assistance to convicts released from serving sentences in correctional institutions of the penal system are analyzed. The problems of normative regulation of the preparation of convicts for release were identifi ed and ways to solve them were proposed. The main directions of the work of the group of social protection of convicts in correctional institutions are analyzed. Factors hindering their effective activities, including the lack of legislative regulation of social work in places of deprivation of liberty, have been identified. A mechanism is proposed for improving social measures to support convicts released from correctional institutions. The conclusion is drawn on the need for legal regulation of the work of the School for the Preparation of Convicts for Release, their educational programs; requirements for the composition of specialists. The author's recommendations on improving the effectiveness of the School for the Training of Convicts for Release in order to their socialization and social protection are given.

The article investigates the functioning of modern judicial control in the context of solving the issue of applying preventive measures. The analysis of statistical data is carried out, on the basis of which it is concluded that the judicial control did not meet the expectations placed on it. There are differences between the percentage of satisfi ed requests for the election of a preventive measure, which were taken earlier by the Prosecutor, and the corresponding percentage under
the current judicial control. The procedure for considering the use of preventive measures in the judicial procedure is recognized as positive, and the need to continue the judicial reform, in which the Prosecutor's supervision of the use of preventive measures should be strengthened, is pointed out.

The problem of free will in law is a topic of inexhaustible scientifi c relevance, since the issue of free will of the current subject is the key to establishing the boundaries of the law and the limits of legal responsibility. The author of the article analyzes and summarizes the ideas of the classics of Russian law on subjective imputation and free will as a condition of legal responsibility. He found that as a result of a scientifi c discussion in the writings of pre-revolutionary Russian law researchers, a certain synthesis of ideas of determinism and indeterminism in legal science took place. The result of this was the emergence of the idea that external factors certainly affect human behavior, but do not completely determine it. Ultimately, the subject decides whether or not to commit an offense. Holding the subject to legal liability is possible only if his unlawful behavior has become an expression of a person’s will, that is, he is freely chosen without any external (coercion, violence) or internal (mental illness, impaired consciousness) obstacles that would prevent him from expressing his conscious attitude to the phenomena of reality.

The article considers the establishment of dictatorship of admiral A. V. Kolchak as a result of the intervention of the United States, Britain and France in the internal affairs of Russia. During the investigation of the admiral's case, the role of US President Wilson, British minister of war W. Churchill and other Entente leaders in appointing the admiral as the Supreme ruler, as well as the material and military assistance that was provided to him was established. The analysis of creation and activity of investigative commissions in the case of A. V. Kolchak and members of his government is given. The investigation established numerous facts of executions, corporal punishment, torture, the practice of sentencing to death in absentia, and the burning of villages and villages by the troops of the Supreme ruler A. V. Kolchak. With the coming to power of A. V. Kolchak, the dictatorship of the Terry white guard was established, something of its own was created – prisons on wheels, «echelons of death». The investigation into the case of admiral Kolchak revealed the essence of kolchakism, the purpose and objectives of foreign intervention in Russia. Modern historical literature combines various assessments of A. V. Kolchak, in which the authors try to rehabilitate him without taking into account the very numerous factual data contained in the central and local archives of Russia, as well as monographs, scientific articles and collections of documents on the subject under consideration. In 2004, a monument to A. V. Kolchak was erected in Irkutsk, and his memory was immortalized by installing memorial plaques in St. Petersburg, Kronstadt, Omsk, Sevastopol and other cities.

The article is devoted to the peculiarities of the development of modern Cuban society and the means of managing its affairs based on the analysis of the main conceptual provisions of the new Constitution of the Cuban Republic in 2019. The author analyzes the features of formation of a separate constitutional concepts and categories, examines the essence of the concept of the rule of law in a socialist path of development of Cuban society, studying features of diverse forms of ownership in Cuba and the importance of the organizing role of the Communist party of Cuba in matters of governance. The author states that it is necessary to make changes to the current Cuban legislation based on the prospects for new forms of participation of citizens in the management of society and the state. The article is of considerable interest to Russian lawyers, since it is presented from the position of a synergetic approach of philosophy, political science and jurisprudence to the forms and ways of existence of ideological legal systems of the modern world (on the example of Cuba of the XXI century).

This article considers the origins of the concept of a «right to a dignifi ed existence» and the provisions on the right to a dignifi ed existence provided for in a number of international instruments in Russian legal science. The author reviews theoretical issues related to the determination of the legal nature of this right and the powers constituting its content in more detail, together with its relationship with other subjective rights that comprise the content of the civil legal capacity of individuals. Much attention has been devoted to the problems, existing in the realization of the right to a dignifi ed existence in modern conditions, characterized by a decline in living standards of many Russian citizens, it must therefore be concluded, that the noted factors adversely affect the possibility of full realization of civil rights and the full development of personal potential. The author examines the main directions of development and enforcement of this subjective law, the fi rst step of which should be its legal consolidation among other subjective rights of Russian citizens.

The article examines the additions and amendments which were introduced to the legislation on collateral in the process of modernization of the Civil Code of the Russian Federation, which are compared both with the norms which were in force in the Soviet period and with the original version of Ch. 23 of the Civil Code of the Russian Federation. The author analyzes the most significant novelties enshrined in §3 Ch. 23, relating to the most important aspects of collateral relations, including: the legal status of their entities; to determine the subject of pledge; to the grounds for the occurrence and termination of the pledge; to the rights and obligations of persons having the rights of a pledge holder in relation to the same subject of pledge; to the peculiarities of the circulation of pledges on real estate and things not related to it; to state registration of pledge; to the priority of satisfying the creditors' demand, etc. The study and characterization of the new legislative provisions is accompanied by an analysis of the clarifi ed guidelines on the issues addressed by the Supreme Court of the Russian Federation, as well as the provisions presented in the modern doctrine of collateral law.

In March 2015, signifi cant amendments were made to the land legislation, including the acquisition of private property rights to agricultural land plots. So, tenants of land plots had the right, after a three-year lease term, to acquire ownership of land plots intended for agricultural production, and without bidding (paragraph 9 of part 2 of Article 39.3 of the Land Code of the Russian Federation), that is, in preferential treatment. The main task of the state in this case was to support a conscientious tenant of the land and agricultural production at the same time. However, as practice shows, the authorized authorities commit violations when alienating land plots from public ownership on the indicated basis, thereby violating the interests of the state. The article considers the prosecutor’s assessment of the legality of the actions of authorized authorities during the privatization of a land plot (on the basis indicated above), provided that the permitted use of the plot contained in the public register of real estate does not correspond to the types of use provided for by the general plan of the settlement and land use and development rules; the subject of prosecutorial response has been identified; the necessity of using the means of prosecutorial supervision is justified in the event that the authorized authorities conclude contracts for the sale of agricultural land, when this use is not allowed by the town-planning regulations of the territorial zone in which the land is located. In the work, the author comes to the conclusion that the Land Code of the Russian Federation allows cases of changing the type of permitted use of land without a statement from the copyright holder of this plot, which should be taken into account by prosecutors, requiring the supervised entities to properly comply with the requirements of the law.

The article is devoted to the study of the contractual construction of the lease of the land plot part for the purpose of using other natural objects, in particular, forest areas, water objects, and subsoil sites. It also analyzes the practice of law enforcement related to the possibility of transferring sublease land plots and other natural objects, as well as their parts, and analyzes the necessary conditions for making such a transfer. The article also presents an analysis of changes in legislation related to the implementation of cadastral registration of the land plot part.

In the article the problem of the place of regional reform in the system of measures of anti-corruption policy of the Moscow state of the 16th century is put. On the basis of the analysis of the Code of Laws of 1550, authorized and regional diplomas it is shown that regional bodies played a signifi cant role in two connected directions of state policy – in fight against robberies and in anti-corruption. In research literature the point of view is formulated that one of the
most important problems of the Moscow state in the 16th century was the problem of distribution of organized crime and inefficiency of the existing methods of fi ght against it. In article the place of regional self-government institutions in the system of measures of anti-corruption policy reveals. At the same time material of regional diplomas which contain
numerous straight lines and indirect references to concrete historical forms of corruption is essential. Introduction of regional self-government institutions led to establishment of the general rules of implementation of administrative and judicial functions, control over which was ceded in hands of representatives of local communities. Existence of such rules created the general conditions for fi ght against corruption and also for counteraction to specifi c forms of corruption. Regional diplomas red tape, implementation of court without authorized diploma, false charges for the purpose of taking by property were legal base for counteraction to such kinds of corruption offenses as excess of the established norms of requisitions from the population.