Science Of Criminal Law Research Articles

Понятие преступления и классификация преступлений в уголовном праве зарубежных стран

Introduction. The legal, in particular, the criminal law direction of the comparative method application in science is currently an actively developing teaching in the system of domestic criminal law science. Because of this, and in the light of the fundamental shifts in world politics taking place in recent years, entailing corresponding changes in the system of international law, scientific research in the direction chosen by the authors is being updated. Materials and methods. The research is of a subject-scientific nature and is carried out, in general, on the basis of the study of the criminal legislation of foreign countries, which constitute the main scientific interest of the authors. The work was carried out taking into account the opinions of leading modern Russian scientists-specialists in the field of criminal law comparative studies. Analysis. The article studies the issues related to the definition in the criminal law of foreign countries of one of the basic concepts of criminal law doctrine – the concept of crime, as well as a number of emerging scientific problems. The complexity of the comparative legal study of this concept is aggravated by the absence of its legislative definition in a number of legal systems of modernity. To overcome this problem, the paper analyzes the concept of a criminal act characterized by signs of illegality (illegality), harmfulness (public danger), culpability and punishability. At the same time, the authors pay special attention to the issue of criminalization of criminal inaction. The historical and legal analysis of the attribute of causal relationship related to the act has been carried out. The article concludes with a study of doctrinal and legislative experience in the field of classification of crimes, as well as the practical significance of this issue for decision-making in the field of criminal legal assessment of committed acts. Results. The analysis allows the authors to formulate a number of reasonable and noteworthy conclusions of a comparative nature.

GEORGE ANTONIU, OUTSTANDING PERSONALITY OF THE ROMANIAN CRIMINAL SCIENCES

First, the author reviews the main biographical milestones of his former professor, as well as his main works and scientific activities.
 Then, the author analyzes in detail the main ideas of University Professor Ph.D. George Antoniu that contributed to the development of the science of criminal law in Romania, stressing the ones that turned into positive criminal law rules.
 In this regard, the work of University Professor Ph.D. George Antoniu represented, in numerous cases, soursces of inspiration for the Romanian criminal legislator, his thesis being largely recognized as such by the authors of criminal law from our country.

Death Penalty Revisited

Death penalty as a type of criminal punishment is known in practically all the countries of the world. The problem of its moral justification and practical value has been discussed in the doctrine of criminal law for almost three centuries, starting with Cesare Beccaria’s «On Crimes and Punishments». The debates grew especially heated in the middle of the19th century in Germany, and, starting from the second half of the century, — in other countries, including Russia. However, there is still no consensus between the supporters and the opponents of the death penalty. In the criminal law science of Russia, both pre-revolutionary, Soviet and post-Soviet, the views of opponents of the death penalty prevail. Nevertheless, its supporters also defend the death penalty not in principle, but as a temporarily necessary means of combating the most dangerous crimes. The Russian legislators have also repeatedly changed their attitude to this punishment: they abolished it, then returned it to the arsenal of criminal legal means. The first at tempt to abolish death penalty was undertaken by Empress Elisabeth Petrovna, but her efforts turned out to be weak and inconsistent and thus unsuccessful, as well as the timid steps of Catherine II. There were some attempts to abolish death penalty in Russia on the verge of the 19th and the 20th centuries, which also failed. The Provisional Government abolished death penalty in February 1917 only to reinstitute it three months later. The Soviets also abolished it several times, but brought it back a short time later. Currently, the possibility of applying the death penalty is provided for both by the Constitution and the Criminal Code of our country. However, its application is blocked by the Ruling of the Constitutional Court of the Russian Federation No. 1344-O-P dated November 19, 2009. In the article, the legality of the prohibition of the death penalty by the Constitutional Court of the Russian Federation is questioned; the author believes that the abolition of the death penalty is only possible by introducing the corresponding amendment to the Constitution of the Russian Federation.

Survey of the doctrine of the multiplicity of criminal offenses in the scientific works of Professor M. I. Bazhanov

The article is dedicated to the memory of the well-known scientist Professor M. I. Bazhanov, who made a significant contribution to the formation and development of the modern domestic science of criminal law.
 It was noted that at the Department of Criminal Law of the Yaroslav Mudryi National Law University, the institute of multiplicity of criminal offenses it was the doctor of legal sciences, professor, academician of the Academy of Legal Sciences of Ukraine Mark Ihorovych Bazhanov who initiated the offenses. In his works such as "Prescribing punishment according to the totality of crimes and totality of sentences (1977), "Prescribing punishment according to Soviet criminal law" (1980), "Criminal law of Ukraine. General part" (1992), "Repetition of crimes as a type of multiplicity of crimes" (1993), "Multiplicity of crimes under the criminal law of Ukraine" (2000), several editions of the textbook "Criminal law of Ukraine: General part" (2001 , 2003) considered a wide range of issues related to the characteristics of the institution of the multiplicity of criminal offenses, their concepts, signs and types, problems of punishment, other legal consequences.
 Much attention was paid to Professor M.I. Bazhanov devoted himself to the study of single criminal offenses as structural elements of the multiplicity of criminal offenses. In particular, under his scientific guidance, two dissertations of candidates of legal sciences were prepared and successfully defended, devoted to the specified torts: in 1990 - I. О. Zinchenko: "Compound crimes in Soviet criminal law: concepts, types, some problems of qualification and construction of sanctions" and in 2002 by Ye. V. Shevchenko: "Crimes with derivative consequences".
 Thus, there is no doubt that M. I. Bazhanov's contribution to the study and development of the doctrine of the multiplicity of criminal offenses is extremely important, and his scientific concepts and expressed ideas are still relevant for the doctrine of criminal law today.

Уголовное законодательство: вчера, сегодня, завтра. Всероссийская научно-практическая конференция (3–4 июня 2022 г., Санкт-Петербург)

On June 3–4, 2022, the All-Russian Scientific and Practical Conference “Criminal Legislation: Yesterday, Today, Tomorrow” was held at St. Petersburg University of the Ministry of Internal Affairs of Russia, dedicated to topical issues of the state of criminal legislation, the practice of its application and the science of criminal law at the present stage.
 The conference was attended by 105 authors from 31 scientific and educational organizations, 29 Doctors of Law, 51 Candidates of Law, 8 employees of practical law enforcement bodies of the Russian Federation. At the plenary meeting held on June 3, 2022 there was a discussion of the current state of the fundamental categories of criminal law, such as crime and its signs, corpus delicti and individual elements of a crime, release from criminal liability, problems of digitalization of crime, criminal law protection of Russia’s fiscal interests in foreign economic activity; signs of a crime in the practice of constitutional proceedings, approaches to the study of foreign experience in the legislative regulation of necessary defense, and others. During the work of the sections on June 4, 2022, the problems of applying certain norms of the Special Part of Criminal Law were discussed; prospective directions for improving criminal legislation and law enforcement practice were considered.

МЕТОДОЛОГІЯ ДОСЛІДЖЕННЯ ОСОБЛИВОСТЕЙ СТАНОВЛЕННЯ ТА РОЗВИТКУ ІНСТИТУТУ ЮВЕНАЛЬНОЇ ПРОБАЦІЇ В УКРАЇНІ

In the article, the author considers the methodology of researching the peculiarities of the establishment and development of the juvenile probation institute in Ukraine. It is indicated that the methodology of juvenile probation research should be based on a dialectical approach, which should be represented by the researcher’s rationalism, his ability to draw parallels between different points of view on the same phenomenon and single out the “core”, that can provide an opportunity to establish the universality of the studied phenomenon and its authenticity. From the point of view of dialectical materialism, juvenile probation should be investigated in the context of its effectiveness and timeliness within the existing development and mentality of Ukrainian society, with subsequent forecasting of its transformation over time. It is noted that the legislator’s perception of the forms and limits of human existence, the legal and social needs of the country’s citizens, gives him the opportunity not only to find ways to respond to any illegal actions of individuals, but also to warn them, correcting the deviant tendencies of the offender. That is why, considering juvenile probation through the prism of epistemology, it is possible to reproduce the symbiosis of sensual and rational, preserving the principle of humanism of criminal legislation and rationalism when working with a criminal offender. It is concluded that the methodology of the study of the peculiarities of the formation and development of the juvenile probation institute is a complex system of values, philosophical principles and guidelines on which the legislative representation of the phenomenon of juvenile delinquency and the single unified structure of humane interaction with deviant adolescents are based. To date, this methodology is almost no different from similar ones in the science of criminal law and has the main task of simplifying the process of researching individual phenomena with the subsequent integration of this kind of understanding into legislative initiatives and practices. Key words: methodology, juvenile, juvenile justice, juvenile probation, criminal offense, criminal offender, criminal legislation, repression.

Obtaining sexual services from a minor (Article 240.1 of the Criminal Code of the Russian Federation): issues of theory and law enforcement

The article presents an analysis of the corpus delicti under Article 240.1 of the Criminal Code of the Russian Federation, as well as the practice of applying the criminal law norm that establishes liability for obtaining sexual services from a minor. Based on the views available in the science of criminal law and law enforcement practice, the concept of the object of this kind of crime is formulated. The existence of an additional direct object is argued in theory, as well as the need to recognize a minor who provides sexual services as a victim of this crime. Special attention is paid to the problematic aspects of interpretation of certain terms (receipt, any other consideration), and to the qualification difficulties that arise in practice. Through lexico-grammatical analysis, the idea of the mixed nature of any other consideration is justified. The article reveals the features of the subjective side of the crime. A critical analysis of the ways offered by science to modernize the norm under consideration is given. The authors have made proposals to improve the legal and technical condition of Article 240.1 of the Criminal Code of the Russian Federation.

Правовая природа правомерного применения оружия как обстоятельства, исключающего преступность деяния

The article examines the lawful use of weapons as an independent circumstance that excludes the criminality of the act. This approach is not traditional for domestic criminal law science, and therefore the research topic is characterized by a low degree of elaboration, which determines its relevance.
 The purpose of the study is to analyze the legal nature of the lawful use of weapons as an independent circumstance that excludes the criminality of the act.
 The methodological basis is: comparative legal method, method of formal logic, interpretation of legal norms. The article formulates a number of general conclusions, including the relationship between the concepts of «circumstance precluding criminality of an act» and «circumstance precluding criminal liability»; about the substantive nature of the rules on certain circumstances precluding criminal liability contained in procedural legislation, as well as that acts committed in the presence of circumstances those who exclude the criminality of the act do not lose the public danger.
 Based on the results of the study, the author comes to the following particular conclusions concerning the lawful use of weapons. The lawful use of weapons is a circumstance excluding criminal liability, since it levels the substantive grounds of criminal liability. The lawful use of weapons refers to circumstances that exclude the criminality of the act due to the fact that it meets the characteristics of this group of circumstances: it has an external factor in its structure that causes harm to the object of criminal protection, and the person causing harm as a result of the lawful use of weapons is not socially dangerous.
 The practical significance of the work lies in the correct definition of the legal nature of the lawful use of weapons, which will avoid unjustified criminal prosecution of law enforcement officers, military personnel and other special subjects for the lawful infliction of criminally relevant harm.

Problems of criminalization of cyberterrorist encroachments

This research is aimed at identify the main ways to improve the criminal legislation of Ukraine in the fi eld of counteracting cyberterrorism. The most precise attention is focused on considering of scientists’ proposals, as well as bills dealing with the criminalization of acts of cyberterrorism. The research is based on results of the analysis of the norms of criminal codes of some foreign states in the fi eld of counteracting acts of cyberterrorism. Terrorist activities in cyberspace in the context of globalization and the widespread use of information and communication technologies pose a serious threat to the security of any state and necessitate countering this phenomenon. It is impossible to properly сounteract the manifestations of cyberterrorism (in the scientifi c literature it is sometimes called «electronic», «information», «computer» terrorism) as a new type of terrorism without understanding its nature, modern forms and trends. The author consider that confi rming the position on the need for legislative regulation of criminal responsibility for cyberterrorist acts, we note that the proposed idea meets the grounds and criteria for criminalization, which are developed in the science of criminal law. The criminalization of all forms of terrorist activity without exception and their qualifi cation as terrorist crimes is a necessary precondition for the organization of proper counter-terrorism. A similar recent trend in European countries is in favor of such a solution. The cyber-terrorist acts committed in our state must be qualifi ed under Article 258 «Terrorist act» of the Criminal Сode of Ukraine. The study contains proposals to change the provisions of the current Criminal Code of Ukraine and its new draft, aimed at improving counteracting acts of cyberterrorism. The adoption of the rule in the proposed wording will contribute to a more eff ective response to acts of cyberterrorism, has a certain preventive potential, and also demonstrates the correct understanding by the legislator of the level of public danger of the analyzed acts. Key words: criminalization, cyberterrorism, act of cyberterrorism, cyberspace.

Illegal Termination of Pregnancy: Evolution of Incrimination in the History of Serbian Criminal Legislation

Artificial termination of pregnancy is a phenomenon that has a legal, sociological, psychological, medical and even an economic and political dimension. Due to its many-layered complexity, a lot of attention has been paid to this issue in science. There are various factors that result in an abortion – it can be spontaneous, or artificial and violent; permissible and legal, or punishable and illegal. The regulations on permitted medical termination of pregnancy give women the right to terminate a pregnancy, but only under certain conditions and within limited deadlines, upon request, in a prescribed procedure, through a surgical intervention performed by a doctor. On the other hand, illegally performed abortions fall within the realm of criminal legislature and the science of criminal law. By regulating the procedure of permitted abortion, and especially by prescribing illegal miscarriage as a criminal offense, the lives, bodies and health of women are protected from the consequences of illegal and ignorant medical procedures on the body during pregnancy. Therefore, this paper provides an overview and an interpretation of the evolution of abortion from a legal, impartial point of view, as a criminal offense regulated by domestic criminal law from the Middle Ages to the present day.

Encouraging rule on exemption from criminal liability for the circulation of falsified medicines: problems of legislative construction

The article is devoted to the analysis of the legislative structure of the encouraging rule, which contains a special type of exemption from criminal liability for the circulation of falsified medicines. It is argued that the effectiveness of the incentive norm is primarily determined by qualitative approaches to formulating the content of the grounds and conditions of exemption from criminal liability. The specificity of this special type of exemption from criminal liability is determined by a set of objective and subjective features of the crime under Article 321-1 of the Criminal Code of Ukraine. The public danger of this crime is significant, which is confirmed by its classification by the legislator as serious and especially serious crimes. It is established that the provision in the structure of this article of a legislative compromise in the form of encouragement, first of all, pursues the goal of rapid detection and prevention of crime by encouraging a certain type of positive post-criminal behavior of the guilty.
 The position on recognizing as a condition for exemption from criminal liability the commission of actions that are alternatively provided for in part one of Article 321-1 of the Criminal Code of Ukraine, namely the manufacture, purchase, transportation, shipment, storage for sale of counterfeit medicines. It is noted that in the chain of actions aimed at introducing counterfeit drugs into circulation according to the degree of public danger, these forms of the objective side are equivalent.
 In contrast to the positions previously expressed in the science of criminal law, it is proposed to determine the objective (danger of the most falsified drugs in terms of the composition of substances contained in it) and sub effective criteria (awareness of the person who acts in accordance with Part 1 of Article 321-1, these dangerous signs).
 It is established that the existence of alternative grounds for dismissal creates problems in the application of this rule. The expediency of refusing to indicate the source of purchase of counterfeit medicines is justified, as active assistance in solving the crime includes this circumstance. Emphasis is placed on the inclusion in the legislative structure of the encouraging rule also to add the limits of the implementation of post-criminal behavior - to criminal prosecution. Based on the above, an updated version of the considered encouraging rule is proposed.

Преступление как уголовно-правовая категория: соотношение доктринально-методологического и законотворческого подходов (ретроспективный анализ)

Currently the key direction of criminal policy is to ensure state, public and personal security. The novelty of the research consists in characterization of the concept of criminal offence and its constituent features at different historical stages, considering political, legal, socio-economic and socio-cultural factors. The authors pay special attention to the relationship of legal values, scientific doctrine and law enforcement activities in the development of the definition of crime. The methodological basis of the study is a set of general and special scientific methods that lead to a comprehensive approach to the study of criminal law policy in the field of legislative definition of a crime as a legal category and its constituent features. As a result of the research the authors explore the legal nature of the crime, its essential properties and characteristics as a negative social and legal phenomenon, and show the trends in the regulatory process. The article shows the interdependence of the criminal law policy implemented in Russia and the legislative formula of the concept of crime at different stages of the formation and development of the national statehood, both by the ongoing political, legal and socio-economic transformations, and by the achievements in the theoretical and legal and criminal law doctrine at the national level. Conclusions. The authors offer an explanation to the factors that inspire the legislative regulation of the concept of crime and determine the tendencies of the legislative formalization of the concept and signs of crime in the domestic and foreign science of criminal law. Finally, the authors suggest a perspective on the correlation of formal and material signs of a crime as a criminal legal category.

ПОНЯТТЯ, СУТНІСТЬ І ЗНАЧЕННЯ ЗАОХОЧЕНЬ, ЩО ЗАСТОСОВУЮТЬСЯ ДО ОСІБ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ

The article is devoted to the study of various approaches to understanding the concept, content, essence, purpose and significance of incentives in legal science. Therefore, in studying this legal category, which is interdisciplinary and complex, the author was based on the scientific positions of both Soviet and modern Ukrainian researchers, established in the general theory of law and such legal sciences as labor, administrative, criminal and criminal executive law. Consequently, the article highlights that the various scholars view incentives as an act of approval and recognition of merit; as a peculiar form of positive assessment and reward of useful (honest, lawful) behavior associated with excessive performance of one's duties; as a means of stimulating law-abiding behavior of convicts, which serves the purpose of their further correction and resocialization. The latter interpretation is quite broad and unanimously substantiated in the science of criminal executive law. Thus, in general, the stimulating value of incentives is emphasized, in particular, by such scholars as the representatives of the theory of law V. M. Baranov, O. V. Malko and O. O. Barabash, Soviet theorists of labor law O. I. Zaretska and S. S. Karinskyyi as well as Soviet and Ukrainian researcher of labor law O. T. Barabash, representatives of Soviet science of correctional labor law F. R. Sundurov, I. A. Tarkhanov, Y. M. Tkachevskyyi as well as Ukrainian theorist of criminal executive law O. M. Dzhuzha. Moreover, on the influence by the application the measures of incentives on the stimulation of law-abiding behavior of convicts and, consequently, their further correction and resocialization emphasize their attention such scholars in the field of criminal executive law, as Soviet researchers M. A. Yefimov, V. P. Artamonov, as well as Ukrainian scholars O. G. Kolb, P. V. Khryapinskyyi, N. B. Khlystova, N. V. Kolomiyets, Z. V. Yaremko. The author also adheres to this scientific position in understanding the nature, purpose and significance of the measures of incentives and believes that they are primarily intended to stimulate further law-abiding behavior of persons sentenced to imprisonment, including juveniles, with the purpose to correct and resocialize them, as well as prevention of further commission of new offenses both by the convicts themselves, to whom the measure of incentives was applied, and by other persons.

Policy For Formulation Of Criminal Sanctions Against Narcotics Criminal Offenders

In essence, narcotics are substances both natural and synthetic, namely narcotics, psychotropics and other addictive substances. If they enter the human body without following health regulations, they have an effect on the brain in the central structure and if misused, it is against legal provisions. Narcotics were first made by the British and then spread to mainland Asia, from China, Hong Kong, Japan to Indonesia.Examined from the optics of material criminal law, the Narcotics Law has several systems for formulating criminal sanctions (strafsoort) and several systems for formulating the duration of criminal witnesses (strafmaat). The system for formulating the length of criminal sanctions (strafmaat) is a fixed/definite sentence system in the form of a definite criminal threat, an indefinite sentence system in the form of a threat of a maximum length of sentence, then a determinate sentence system in the form of determining the minimum and maximum limits for the duration of a criminal threat and an indeterminate sentence system in the form of no the maximum criminal limit is determined. The law-making body completely delegates criminal policy (discretion) to criminal implementing officials at a lower level, for example in determining the size, nature or duration of punishment for perpetrators of certain crimes. The formulation system is indeterminate, determinate, presumptive and mandatory. Basically, according to criminal law science, there are several types of systems for formulating criminal sanctions (strafsoort), namely single/imperative formulation systems, alternative formulation systems, cumulative formulation systems, cumulative-alternative (mixed/combined) formulation systems and blind/blanch formulation systems. . Likewise, only for the system of formulating the length of criminal sanctions (strafmaat), there is a definite sentence system in the form of a threat of a definite length of sentence, a fixed/indefinite sentence system or maximum system, namely a threat of a maximum length of sentence, then a determinate sentence system in the form of a specified minimum limit and maximum criminal threat and indeterminate sentence system in the form of no specified maximum criminal limit, the law-making body gives full responsibility to criminal policy (decretion) to criminal implementing officials at lower levels, for example in determining the size, nature or duration of punishment for perpetrators certain crimes.

The Complexity of Crime Classification in Establishment of Alternative and Indefinite Types of Intent

The paper discusses the scientific and law enforcement aspects of understanding the types of intent in criminal law. The law enforcement and doctrinal features of alternative and indefinite types of intent and the problems associated with their establishment in the law of Russia and Belarus are considered. The paper analyzes the law enforcement practice and pressing issues of interpretation of the intentional form of guilt in accordance with the provisions of the current legislation of Russia and Belarus. The purpose of the paper is a rational and critical consideration of the provisions of the science of criminal law in relation to the question of the classification of criminal acts with an indefinite (unspecified) intent. The author concludes that when establishing the elements of an indefinite (unspecified) intent, the criminal act should be evaluated by the actual consequences. However, it is an inchoate offense that possesses the specifics of classification in this matter. Therefore, in such cases, it is necessary to establish the actual direction of the actions of the perpetrator, based on the objective situation of the act committed, the tools used, the means of committing the crime, the physical data of the victim and the accused, etc. The author proposes to pay attention to the following things in cases of crimes against life and health: the nature and method of utilizing the instrument of crime, its danger, the commission of actions that objectively pose a danger to human life; the intensity of damage, their localization, the possession of special skills and abilities to cause physical harm; the striking force of the impact, the physical data of the victim and the accused, the conscious nature of the guilty person’s behavior; the reasons for termination of criminal actions by the accused, his relationship with the victim on the eve of the crime, the subsequent behavior of the guilty and the victim. Research methods used in the paper are formal-dogmatic, comparative-legal, instrumental analysis. Scope of application: jurisprudence, law enforcement practice, lawmaking, lawmaking.

The essence and classification of cybercrime in the field of computer information

Cimes in the field of computer information have become pressing issue in society today. Its relevance is evidenced by news from around the world, criminal statistics, problematic issues in the science of criminal law, as well as problems in criminal proceedings. All this is due to the fact that as a phenomenon, crimes in the field of computer information belong to the very specific category that is constantly evolves technological progress. The purpose of the article is to study the phenomenon of crimes in the field of computer information, to define the concept of crimes in the field of computer information and types of these crimes, to provide general characteristics of crimes in the field of computer information, as well as to identify their classification. Various methods of scientific knowledge were used as a methodological basis for writing this article. In particular, comparison methods, analogies and generalization methods were used. In our time, cybercrime has spiraled out of the control of one state's law enforcement agencies and has become a significant interstate and transnational problem.

ROMUALD HUBE – PIONEER IN THE TEACHING OF POLISH CRIMINAL LAW

The article presents the figure and the most important scientific achievements of Romuald Hube in the field of the science of criminal law, as well as the legislative work conducted on the criminal law of Russia and the Kingdom of Poland. Romuald Hube is undoubtedly an extremely significant figure in the Polish science of criminal law, although this branch of law was only a part of his scientific interests. It should be emphasized, however, that Romuald Hube significantly developed the science of criminal law, also in its global dimension. Moreover, through his work in the state administration, he actively participated in the creation of this branch of law. He lived and worked in an extremely complicated period due to social changes and an unfavourable geopolitical situation for Poland. Due to the fact that his life and work were associated with a foreign country, Romuald Hube was a scientist often criticized in Poland and ostracized in the community. Hube’s unquestionable contribution to the body of criminal law, with relatively little exploration of it in the doctrine, implies a need to remind the reader of the scholar’s profile.

SUD MUHOKAMASIDA ISBOT QILISH PREDMETI SIFATIDA PREYUDITSIYADAN FOYDALANISH MASALALARI

The relevance of the article lies in the fact that in the criminal process the institution of prejudice allows you to resolve conflict situations in the activities of state bodies and officials involved in criminal proceedings, easily resolve pre-trial situations that require a lot of money and effort. The purpose of this article is to develop theoretical directions for solving problems related to the use of the institution of prejudice in criminal procedure law based on analysis. The goal is to determine the prospects for improving national legislation related to the use of the institute of prejudice in criminal proceedings, as well as to prepare legal proposals and recommendations from the institute. The level of scientific novelty of the results lies in the study of theoretical, legal and practical issues from the point of view of the science of criminal procedure law to improve the legal guidelines for the application of the institute of prejudice in criminal procedure law. The conclusions of the article can be used as a separate area of criminal procedure reform in the development of the institution of prejudice, the preparation of proposals and recommendations for improving legislation, lectures and special courses on criminal procedure law. It provides that the legislation determines the nature, direction and content of criminal proceedings according to special rules. Various views on the biased value of evidence and the mechanisms for its recognition have been challenged by higher courts.

О соотношении функций и целей уголовного наказания во взаимосвязи с обеспечением его исполнения

The article deals with the problem of relevance of the functions and purposes of criminal punishment. The functions of punishment have not been sufficiently studied in the science of criminal law. Meanwhile they reflect the essence and social purpose of punishment and, accordingly, should determine its goals. In practice there is a discrepancy between the real functions and the declared goals of punishment, which negatively affects the assurance of its execution. The author comes to the conclusion that the modern goals of punishment do not correspond to its actual functions, in their current form they are declarative and conceptually imperfect. This means that given the nobility of the message they do not meet the condition of attainability due to a number of reasons: conceptual imprecision (restoration of social justice), redundancy, inconsistency and practical non-verifiability (correction and special prevention), archaism (general prevention). And most importantly the existing goals of punishment, due to the indicated shortcomings, significantly complicate its implementation. K e y w o r d s : functions of punishment; the purpose of the punishment; correlation and relationship with execution of criminal penalties

Professor S. M. Kochoi as a Criminal Law Science Communicator (To the 60th Anniversary)

The paper analyzes the contribution to the development of the science of criminal law made by Samvel Mamadovich Kochoi, Dr.Sci (Law), Professor, Honored Worker of the Higher School of the Russian Federation, Honorary Worker of Justice of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation, Professor of the Department of Criminal Law of Kutafin Moscow State Law University (MSAL). The author is convinced that the development of modern legal science, its authority entirely depends on scientists who, with their selfless work, innovative activity, possessing multifaceted talent, giftedness, breadth of views, scientific courage, transform life, turn ideas into reality.The sphere of scientific interests of Professor S. M. Kochoi is the problems of criminal law protection of property. Taking into account the emerging new socio-economic relations in Russia, in his scientific works Professor S. M. Kochoi proves that the protection of property is one of the priorities of criminal law policy, implementation of which influence the economic power of the state and the well-being of its citizens. In addition, the scientist pays special attention to the problems of terrorism and extremism, namely the issues of responsibility for crimes committed by the international terrorist organization «Islamic State» banned in Russia, including the crime of genocide against the Yazidi people in northern Iraq.The paper, through a biographical description of the life and creative path of Professor S. M. Kochoi, attempts to reflect the most significant periods of his life, the scientific and educational and socio-political results achieved by him, as well as to show the image of a person, a scientist, a researcher who, with his patient work, inquisitiveness of mind, glorifies the domestic criminal law science, makes a worthy contribution to its development.