Борьба с криминальными рынками в России: законодательные и правоприменительные проблемы реализации положений Конвенции ООН против транснациональной организованной преступности
The Commentary has been prepared mainly by the lecturers of the Department of Criminal Law of the Law Faculty of the National Research University “Higher School of Economics” (with the involvement of teachers from other higher education institutions). The publication bases on the theoretical principles and judicial review. It analyses key points in the content of the Criminal law.
The harmful impact of criminalization on social and economic institutions, violence that tends to increase both in the real world and cyberspace as well as growing transnational crime produce the demand for reliable data on the current state and statistical assessment of this phenomenon for comprehensive understanding of the factors contributing to its sustainability. So, intensive international efforts aimed at developing common approaches to confront crime are of paramount importance. It is argued that the problem solution requires the international preventive cooperation for the urgent creation of the UNO – sponsored information resources – a data bank on the crime rates in the world, its separate regions and countries, and the appropriate judiciary activities on the basis of the comparable international classification of crimes for statistical purposes. Having analyzed the international statistical conventions, regulations and our predecessors’ research results, we found out that initially the issue of comparable crime statistics in different countries was referred to as both theoretical and practical. The growing urgency of this problem was acknowledged by the United Nations, and in 1951 the idea to develop a “standard classification of offenses” was put forward. The UNO Social Commission stressed the importance of its preparation, so that “the governments could submit statistical reports on crime within the standard timeframe”. The demand for the methodological standards such as the international classification of crimes for statistical purposes (the classifier) unanimously recognized by the international community became relevant. With the set invariance of the quantitative component lays a cornerstone for the development of a standard classifier of crimes followed by its practical implementation in the UNO member states. The concluding issues cover the notion of classification both as a core element in the development of the statistical data, and its properties in relation to the international classifications of crimes for statistical purposes, as well as its qualitative features, goals, objectives and principles. Attention is drawn to the fact that the counties are required to consider the same version of the standard classifier for adjusting their national community. Specific proposals are made to improve the draft classifier taking into account the peculiarities of national criminal law and legal acts that regulate the organization of statistical activities.
The book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
This article analyzes the issues of crime statistics, it`s showing particular use in criminal law and criminology, disclosed reserves replenishment of criminal law, criminology and criminology resource - a resource of criminal law, argues the need for a substantial update as one and the other sciences, formulated conclusions on enhancing their effectiveness in the context of the stabilization of the country's political, economic and social situation.
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 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/