Problems: 1) complexities of an estimation of legitimacy of actions of heads of the credit organization («Risk business»); 2) high degree blanket norms of criminal law; 3) absence of an accurate regulation of the civil-law mechanisms directed on protection of interests of creditors of the credit organizations, and, as consequence, 4) impossibility of an establishment of special norms it is criminally-legal protection right creditors of the credit organizations, in view of accecorn the nature criminally-rules of law.
On the one side, the power should be mutually interested in maximal clarity of its relations with the criminal law, because it would let her demonstrate its power and force. On the other side, the power always obscured its relations with criminal law and presented it to be exclusive, mysterious and secret. Criminality continues to seize new boundaries, spheres, segments of life and got into not only interpersonal relations, but the largest part of that in civil society, economy, ecology, military service, politics. Counteraction of the Power to criminality. The absence of more or less suffcient results in counteraction of the Power to criminality could be explained by the historically formed style of dishonest life in our society. The Power itself, giving people only the very necessary, provoked people to illegal actions. Smoothing away the problem could be gained by studying the problem of criminality, latency. Counteraction of the criminality to the Power. Inner challenge - arise in the very structure of the state organism: corrupted, destructive or other criminal character. Outer challenge - arise from out-of-state structures, i.e. from the very civil society: oppositionists, remedials, careerist, other protestants. International challenge - come from defnite foreign groups, being hostile to the Russian State Power. The most dangerous result of the counteraction of criminality to the Power is the split of the last and bleeding of its different structures, organs, departments, groups and other sections. Private representatives of the President of RF should be in any section and element of the structure of the Power. Some ways of solving the problem. It is necessary to hold a careful certifcation of all the values, which should be legally defended. General system of the defended values should be unique to all the segments of the law enforcement legislation. It is necessary to eliminate monopolization of political feld. It is necessary to create professional organizations within the society. There should exist one specialized school of law enforcement organs, better for the raising the level of the skills. There should be state order for science.
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 most corresponding to the needs of Russia of 1990s was a hybrid of Swiss and Chinese model, ideally combining advantages of both capitalism and socialism. That variant is also good today, it's basic feature is security of business undertaking from encroachments. But within the circumstances, business should take care of its safety itself. To put business under control, it is divided into loyal, "bog" and protesting. Entrepreneurs represent a very small part of the society, though they serve to take Russia to the other bank of the river - to advance-guard of the world civilization. It is necessary to mention that this country makes its third attempt to transform its economy into the market one. The first two were not successful because of not sufficient care of the state about business and entrepreneurs. First of all, it is necessary to cut state power off business and vice versa, and then to heighten the level of education of staff involved into business. The bases of criminal safety of business should be paid much attention. The object of criminal safety of business is business undertaking, property and businessmen. Criminal safety of business is its protectability from criminality by means of physical, managerial and law security.
The historical-comparative approach in doctrine knowledge about necessary defense in China and conclusions concerning possibility of use of this experience in Russia is presented.
Annotation: V.A. Nomokonov. Of course, this is an article by Y.I. Gilinsky on criminal risks in Russia, in which the author analyses the subjects professionally and in detail. O.V. Vedernikova presents a concept of criminal globalistics. V.V. Maltsev describes the contours of criminal law politics; G.G. Gorshenkov formulates the basic theses of a new theory of anti-criminal safety of a person. P.N. Panchenko. “Russian Criminological Outlook” from the very fi rst edition claimed itself to be something signifi cant, newish and original phenomenon of juridical scientifi c practical periodicals. All the materials published are of a real scientifi c character. But the section “Criminology and Executive Power” could have been named more expressively “Criminology of the Power and the Power of Criminology”. A.I. Chuchaev. The “star” of the Edition is a new rubrics “Criminology Directions in Doctoral Theses”. It is notable that Abstract by M.M. Babaev and two other materials: Code of Regulations on Prevention and Precaution of Crimes and article by N.S. Prokurova “Not dissipated were the powerful strengths…” were published for the fi rst time.
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.