one of the tasks of criminological forecasting is to determine the factors that determine the criminal behavior of a person. In relation to a group of crimes committed in connection with the presence of a certain social status or role, such factors should include the status and role characteristics of the individual. Purpose: to evaluate the significance of social status and role for the purposes of criminological forecasting. Methodological basis: dialectical and formal legal methods. Results: a number of status-role characteristics are fixed in the criminal law and are taken into account when qualifying the act and bringing the perpetrator to justice. Within the framework of the doctrine of the criminal personality, these characteristics are recognized as its structural components. At the same time, the appeal to the concept of the mechanism of criminal behavior shows that the formation of the moral position of the criminal's personality, and a specific life situation are directly related to the social status and role of the person, which allows us to determine the value of the latter for forecasting purposes. Conclusion: one of the predicted variants of individual behavior should be the assumption of the probability of illegal use of status-role opportunities by a person. However, this assumption cannot be justified by the mere fact of the existence of these capabilities, which must be supplemented by the characteristics of the normative and moral sphere.
The article is devoted to the description of the results of the RF Constitution as a legal act and as a prognostic document. Today many problems connected with the implementation of the Constitution of the Russian Federation are due to a reassessment of liberal-democratic values of the 1993 model. The constitutional matrix of the sociopolitical system in modern conditions requires further comprehension, transformation into more effective instrument for the development of the country, taking into account the characteristics of its own national state and global trends. Objective: the author of the article inten ds to reveal the correlation of the constitutional model and the results achieved, to evaluate the correctness of the constitutional model as a matrix for building modern Russian statehood.
The article describes the positive and negative aspects of the normativistskoy theory of right by G. Kelzen. It is noted that a severe blow to the theory normativism received during the Nuremberg trial of German fascist criminals. This confirms the analysis of the provisions of laws and law enforcement practices of Nazi Germany. It is concluded that, in order not to repeat the negative lessons of history associated Nazification, in the national laws governing the creation of laws procedure should establish requirements for the content of normative legal acts.
The article is devoted to some issues of a citizen`s image protection on the Internet. In particular, it sets the scope of disputes and problems that occur on the Internet regarding the image of a citizen and the possibility of its disclosure and use by others. Examples of disputes based on generalization of judicial practice are given. Recommendations to improve the protection of citizen’s image on the Internet are offered.
This article reveals the social essence of the Conctitution of the Russian Federation and herewith allocates two levels of learning of essence of the basic law.