СТАТУСНО-РОЛЕВОЕ ПОЛОЖЕНИЕ ПРЕСТУПНИКА И ПОТЕРПЕВШЕГО КАК КРИТЕРИЙ ДИФФЕРЕНЦИАЦИИ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ПО ЗАКОНОДАТЕЛЬСТВУ ДРЕВНЕЙ РУСИ
Analysis of the current criminal law allows us to conclude the existence of relationships between the status-role characteristics of the subject of crime outlined in the criminal law, and the content of its sanctions, reflecting legislative assessment of the degree of social danger of the act and a statesman. Taking into account the historical variability of the law and the criminal law, the appeal to the texts of the editions of the Russian Pravda, Novgorod and Pskov judicial letters shows that the legislator really attached criminal and legal importance to the social situation of not only the guilty person, but also the victim, establishing different severity of punishment. However, it is the legislation of this historical period that for the first time establishes stricter requirements for the official behavior of senior officials, which indicates that the legislator is aware of the increased public danger of crimes committed by them.
From the standpoint of the criminological and legal approach, a special subject of crime has an increased public danger compared to a non-special subject, which is due to the criminogenic nature of the social status and role.
The article investigates the controversial issues of complicity of special and non-special (General) subjects of crime (part 4 of article 34 of the criminal code). According to the author, the combination of specific methods of criminal law and criminology as independent, but interrelated branches of scientific knowledge within the framework of the criminological-legal approach allows to overcome the formalized criminal-legal characteristics of the institution of complicity and, taking into account its social grounds, to determine new possible prospects of study.
In the monograph the complex criminological and legal research of the problems connected with legal characteristics of the special subject of a crime, their criminological significance and public danger, features of criminal responsibility is carried out. The most criminogenic signs of a special subject, the analysis of the practice of sentencing for crimes subject to the requirements of individualization, as well as more developed position on the nature and significance of criminological and legal approach to the study of a special subject of a crime, personality of a criminal – of the special subject, deformations of judicial practice and trends in criminal policy in relation to crimes with a special subject, on the possibilities of improving criminal legislation and law enforcement activities to combat such crimes. The empirical basis of the study is formed by the materials of judicial and investigative practice, as well as the results of specific sociological studies. The publication is intended for teachers and students of educational institutions, cadets and students of educational institutions of law enforcement agencies. It can be used by graduate students, adjuncts, researchers, law enforcement officers, lawyers.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
The position of the victim in the judicial process is difficult: as a participant in the process, he has the right to submit petitions, to submit evidence, to cross-examine the defendant, the expert, to participate in the examination of evidence. However, his testimony establishes the factual data on which basis the court concludes that the presence or absence of socially dangerous acts in the actions of the defendant and his culpability. But, the victim as a party to criminal proceedings also needs to be protected, which the legislator, for unknown reasons, in no hurry to provide it.
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/