ДИФФЕРЕНЦИАЦИЯ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА ПРЕСТУПЛЕНИЯ СО СПЕЦИАЛЬНЫМ СУБЪЕКТОМ ПО АРТИКУЛУ ВОИНСКОМУ 1715 Г. И УЛОЖЕНИЮ О НАКАЗАНИЯХ УГОЛОВНЫХ И ИСПРАВИТЕЛЬНЫХ 1845 Г
One of the functions of the institution of a special subject of crime is the function of differentiation of criminal responsibility. The analysis of monuments of the domestic legislation of the periods of absolutism and neoabsolutism shows that for the crimes committed with use by the subject of the status-role position, the legislator establishes the most severe measures of responsibility of property and corporal character.
in a number of crimes, the subject has additional features, the content of which is formed by its status and role position. The criminal-legal significance of these signs is related to their influence on the public danger of the perpetrator and, consequently, the entire act as a whole. At the same time, the establishment of responsibility for occupying the highest position in the criminal hierarchy raises the question of the normative actualization of the theory of the dangerous state of the individual, the indicator of which in this case is its status-role position.
Keywords: social status and role, social danger, special subject of crime, dangerous state of the individual, the highest position in the criminal hierarchy.
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 analyzes the correlation between the concepts of "special subject of crime" and "criminal personality", considers the criteria for the identification of a special criminal personality and substantiates the thesis of an increased degree of its social danger.
The textbook systematizes educational and scientific literature that reveals the issues of the institution of the subject of crime under the current criminal law of the Russian Federation, including issues of qualification. The article deals with the formation of the institution of the subject of crime in domestic law, the features of the criminal legal regulation of its General and special features, as well as the relationship with the concept of the criminal's personality. It is addressed to students studying in the direction of training "Jurisprudence", as well as to anyone who is interested in modern problems of criminal law.
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/