The difinition of "organized crime group", "criminal community", "criminal organization" in Russian criminal legiclation
«Organized crime activity» is the definition, which is known all over the world. However, in each state organized crime activity is represented by notions, which are captured in national criminal legislation. Moreover, experts not always know about these definitions and about their differences between each other. Information exchange on this matter can be very useful for the national legislation improvement and its unification with international norms and for scientific research development.
The results of conducted research where issues are connected with identification such definitions as “organized crime group”, “criminal community”, “criminal organization” in Criminal Code of Russia are represented in the article from different positions (legislative, scientific and practical).
Besides law-enforcement authority, practice of crime investigation committed in organized forms was analyzed. On this basis, existed problems and contradictions are emphasized and analyzed.
Also established traditions of organized crime research by Russian criminal science (criminal law, criminology, criminalistics) are mentioned in the article.
The research of definitions, which are connected with organized crime and used in different legal systems, is the first step to further study of organized crime phenomenon. The development of international unified legislation and methodological recommendations of crime investigation, which are committed in organized forms, will be investigated in future.
Reader in Sociology of Law and Law Enforcement
Professor Hans-Hajnrih Eshek has protected the thesis for a doctor's degree in 1949 in Tjubingen on a theme: «Responsibility of state structures on the international criminal law - researches in connection with the Nuremberg process»; has created the concept of a uniform roof of Institute of foreign and international criminal law of Max Planck. His organizing work has come to the end in 2007 with creation of "the International research school of comparative criminal law» and criminological school for doctoral candidates «infl uence Measures, mediation and punishment». Approximately 600 works devoted to the General part of criminal law, to punishments, measures of correction and safety, the Especial part, and also criminally-procedural right is published by him.
The chapter is devoted to general issues of Russian criminal law and criminological datas of recent times. The chapter covers the notion of crime, its structure, types of crimes and punishment, etc. The special attention is given to economic crimes.
Phenomenology - in literal interpretation is none other than the doctrine of phenomena, i.e. about the observed phenomena or events. In modern philosophy, it acts as a method of scientific analysis of consciousness and immanent, a priori structures of human existence. This article is the result of applying this method to setting and understanding the best ways to solve problems directly related to the investigation of crimes committed using modern information technologies. Having resorted to historical generalizations, the author made an attempt to find an answer to the question why, against the backdrop of the scientific achievements of domestic criminalistics, with so many new ideas, concepts, technologies, forensic algorithms and investigation programs, progress in combating crime remains unobservable? The main reason for this state of affairs he sees in the fact that Russian criminalistics for a long time developed apart from the leading foreign research schools. At the same time, such a state of the world is still preserved, despite the global integration processes that have taken hold practically all the countries of the world. As the main direction of overcoming the crisis phenomena, the author positions the implementation in the scientific resources of domestic criminalistics of modern information technologies in general, and, to increase the effectiveness of combating crimes committed using computer and network capabilities, in particular. He considers the fight against them to be an international problem, since measures to prevent, detect, uncover and investigate crimes committed using modern information technologies can not be effective only at the national level, because of the transnational and transborder nature of the Internet itself. Given the continuing increase in the number of its users, which naturally causes their dependence on the information community and the vulnerability of all kinds of cyber attacks, a scientific analysis of the current state of investigation of crimes of this kind is made and recommendations are formulated to improve the effectiveness of this activity.
Problems of strengthening of law and order and criminality counteraction are regarded from an unordinary point of view. It includes the following parts: 1. State power, law and order and criminality counteraction as an indivisible complex of problems. 2. Measures of esthetic character. 3. Measures of rational character. 4. Measures of orientation character.
The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/