Medium Gravity Research Articles

Актуальные направления уголовно-исполнительной политики Российской Федерации

The purpose of this article was to analyse the current topical directions of the penal enforcement policy of the Russian Federation, which is quite dynamic, constantly developing and improving, taking into account the influence of economic, political, social and spiritual factors on it. There are quite a large number of topical directions of the penal enforcement policy of the Russian Federation, among which the authors have identified the following: humanisation of the execution and serving of criminal sentences; ensuring the rights and legitimate interests of convicts; optimisation of the organisational and structural structure of the system of institutions and bodies executing criminal sentences; ensuring the security of the penal enforcement system and other subjects of penal enforcement relations; introduction of information technologies; implementation of inter-prisoner relations; and implementation of the international legal framework. Humanisation was most clearly manifested in changes in the types of regime and conditions of serving sentences for socially vulnerable categories of convicts. The trend of humanisation has affected both those convicted of crimes of minor and medium gravity and those convicted of serious and especially serious crimes, including those serving life imprisonment. In order to ensure the rights and legitimate interests of convicted prisoners, it is necessary to create effective safeguards to protect them from cruel or inhuman treatment, unlawful violence and the use of torture. Within the framework of optimising the organisational and structural design of the system of institutions and bodies executing criminal sentences, there are three projects reflected in the conceptual documents. In ensuring the security of the penal correctional system and other subjects of criminal-executive relations and the introduction of information technologies, it is planned to create a comprehensive system for the protection of the information system operating in the penal correctional system, including the protection of the personal data of both inmates and correctional personnel. An important element of security is the technical equipment of correctional institutions and correctional centres. Within the framework of the implementation of international standards in penal legislation and practical activities of the penal correctional system, it is pointed out that due to recent foreign policy events, the considered direction of penal policy is now beginning to lose its dominant importance, however, in the current realities, additional measures should be taken to strengthen national guarantees of respect for the rights of convicted prisoners, created, among other things, by taking into account the UN international standards in the field of treatment of prisoners. The constant and priority directions in the development of penal enforcement policy over the past decades have been the humanisation of the procedure and conditions for serving sentences and ensuring the rights and legitimate interests of convicts. However, this constancy of penal enforcement policy does not prevent the emergence of new directions, which are reflected in the current penal enforcement legislation and the activities of institutions and bodies executing criminal sentences and other measures of a criminal-legal nature.

Когнитивная технология допроса: основания, возможности и ограничения

The aim of article is to consider the cognitive technology of interrogation developed and used by law enforcement agencies of several foreign countries. It is a set of methods and techniques of obtaining information from interrogated persons based on the mechanisms and regularities of perception, preservation and reproduction of information in human memory. A component of cognitive technology is methods of organization and procedure of its implementation. Information about the efficiency of the technology indicates its advantages in comparison with the classical interrogation. In particular, cognitive technology is superior to the classical method of interrogation in terms of the volume of provided information, its consistency, and the readiness of witnesses, victims and suspects (accused persons) to cooperate with the investigation. The material of the study is publications on the creation and testing of effectiveness of cognitive methods and techniques of interrogatio, published in foreign scientific peer-reviewed journals. The research methods are theoretical methods of processing scientific information – generalization, structuring, categorization. The study is a consistent consideration of the theoretical basis for the development of cognitive methods of interrogation and their differences from classical interrogation; the description of their varieties, procedure and stages; the disclosure of the possibilities of cognitive methods and techniques to obtain information from witnesses, victims, criminal suspects, and juveniles. The result of the study is the generalization and structuring of information about the cognitive technology of interrogation and its components: cognitive interview, methods of interaction with interrogated persons, as well asthe identification of the peculiarities of cognitive interview used in the interrogation of suspects. The limitations of the technology are considered in the context of the Russian practice of interrogation by law enforcement agencies. The limitations in the application of cognitive technology include the complexity of cognitive interrogation and the need for training of investigators, increased time costs compared to classical interrogation. This excludes the application of cognitive technology for the inquest of crimes of small and medium gravity, and indicates the possibility of its use in investigations of serious and especially serious crimes. The conclusion of the study is the expediency of studying the regularities and mechanism underlying the interaction between the investigator and interrogated persons.

On the Use of Concept of "Judicial Penalty"

The essence of the application of the concept of "judicial penalty" is to release a person from criminal liability and oblige to pay a sum of money in the event a person has committed a minor or moderate crime for the first time and has compensated for damage or caused harm. A unique feature of a court penalty is that it is based solely on voluntary payment by the offender. If the offender does not comply with the court decision within the prescribed period, then such a decision is subject to cancellation, and the case is reviewed again but per standard procedure. Resorting to the institution of judicial penalty, the state thereby "gives a chance" to help offenders who have committed crimes of small or medium gravity mend their ways, suffering "minimal losses". The offender does not actually go unpunished, but at the same time does not have a criminal record, is not subject to deprivation or restriction of personal and social rights, which is inherent in the application of the institution of criminal punishment.

Проблемы применения уголовных наказаний, сопряженных с привлечением к труду, в отношении лиц, достигших пенсионного возраста

The article analyzes the potential of the criminal law in terms of the application of punishments, the punitive content of which forms forced labor, to persons of retirement age convicted of crimes. The authors define the concept of “a person who has reached retirement age”, analyze the current legislation and practice of its application, as well as statistics on the commission of crimes and the punishability of persons in this category. The conclusion is made about the tendency of the growth of convicts who have reached retirement age, as well as a high proportion of the use of punishment in the form of imprisonment (both real and conditional), including for the commission of crimes of small and medium gravity. Taking into account the humanistic orientation of the punitive policy towards the elderly, the legislatively limited possibilities of individualizing the punishment of this category of subjects of responsibility, as well as the peculiarities of their psychophysiological status, the authors formulate a number of proposals to amend the criminal law regarding the application of compulsory, correctional and forced labor for persons who have reached retirement age. It is also proposed to consider the achievement of retirement age as a basis that prevents the appointment of compulsory work and significantly restricts the appointment of correctional and forced labor. The appointment of the latter is possible with the consent of the convicted person who has reached retirement age. According to the authors, such an approach will increase the effectiveness of punitive practices against convicts of retirement age.

Dispersion effects in porous medium gravity currents experiencing local drainage

We develop a theoretical model to study (dense) two-dimensional gravity current flow in a laterally extensive porous medium experiencing leakage through a discrete fissure situated along this boundary at some finite distance from the injection point. Our model, which derives from the depth-averaged mass and buoyancy equations in conjunction with Darcy's law, considers dispersive mixing between the gravity current and the surrounding ambient by allowing two different gravity current phases. Thus do we define a bulk phase consisting of fluid whose density is close to that of the source fluid and a dispersed phase consisting of fluid whose density is close to that of the ambient. We characterize the degree of dispersion by estimating, as a function of time, the buoyancy of the dispersed phase and the separation distance between the bulk nose and the dispersed nose. On this basis, it can be shown that the amount of dispersion depends on the flow conditions upstream of the fissure, the fissure permeability and the vertical and horizontal extents of the fissure. We also show that dispersion is larger when the gravity current propagates along an inclined barrier rather than along a horizontal barrier. Model predictions are fitted against numerical simulations. The simulations in question are performed using COMSOL and consider different inclination angles and fissure and upstream flow conditions. Our study is motivated by processes related to underground $\mathrm {H}_2$ storage e.g. an irrecoverable loss of $\mathrm {H}_2$ when it is injected into the cushion gas saturating an otherwise depleted natural gas reservoir.

Судебная практика производства по делам об условно-досрочном освобождении от наказания в отсутствие осужденного

The article investigates the procedural procedure for considering the convicted person’s petition for parole, the process of proving that the convicted person does not need to fully serve the sentence imposed by the court. It is substantiated that the existing procedure for proceedings on parole in the absence of a convicted person contradicts the provisions of article 247 of the Criminal Procedure Code of the Russian Federation, which establishes that the trial must be conducted with the mandatory participation of the defendant. In the absence of the defendant, the trial is allowed for crimes of small and medium gravity, if the defendant requests it, as well as in exceptional cases in cases of serious and especially serious crimes, if the convicted person is outside of Russia and (or) evades court appearance. In addition, by holding a court session without the participation of the convicted person, the court cannot evaluate the evidence presented for their admissibility and reliability, as well as decide what additional duties should be assigned to the convicted person.

On the role of the institution of categorization of criminal offenses in combating crime

The theoretical and practical aspects of the importance of the institute of categorization of criminal offenses in the Republic of Kazakhstan in combating crime are considered. The authors analyzed the modern legal understanding and law enforcement of the institute of categorization of criminal offenses from the point of view of criminal legislation and the science of criminal law. The authors presented a number of novelties and recommendations for further improvement of law enforcement activities in the current criminal legislation of the Republic of Kazakhstan. The difficulty for legal users lies, for example, in the fact that there are separate articles consisting of several parts, part of one article of which can be attributed to four different categories of crimes (for example, articles 120, 121, 122 of the Criminal Code refer simultaneously to crimes of medium, severe, especially grave severity; article 143 of the Criminal Code is less serious, grave means crimes of medium gravity, grave; Article 367 of the Criminal Code means all four categories of crimes at the same time: Part 1-less serious, part 2-medium gravity, part 3-serious crimes, etc.). This issue deserves detailed independent research and understanding. As a positive example, we will cite the legal technique used in Article 7-1 of the former Criminal Code of the Kazakh SSR “the concept of a grave crime”. The legislator of that period clearly defined the concept of a serious crime, since he compiled a list of all serious crimes falling under this category. This made it easier for law enforcement agencies to manage events in the process of work and to give the right qualifications for certain crimes committed, which, in turn, means the correct imposition of punishment.

Effects of Reservoir Heterogeneity on CO2 Dissolution Efficiency in Randomly Multilayered Formations

Carbon dioxide (CO2) dissolution is the secondary trapping mechanism enhancing the long-term security of CO2 in confined geological formations. CO2 injected into a randomly multilayered formation will preferentially migrate along high permeability layers, increasing CO2 dissolution efficiency. In this study, sequential Gaussian simulation is adopted to construct the stratified saline formations, and two-phase flow based on MRST is established to illustrate the spatial mobility and distribution of CO2 migration. The results show that gravity index G and permeability heterogeneity σY2 are the two predominant factors controlling the spatial mobility and distribution of CO2 transports. The CO2 migration shows a totally different spatial mobility under different gravity index and heterogeneity. When the permeability discrepancy is relatively larger, CO2 preferentially migrates along the horizontal layer without accompanying the vertical migration. For the formation controlled by gravity index, CO2 migration is governed by supercritical gaseous characteristics. For the medium gravity index, the upward and lateral flow characteristics of the CO2 plume is determined by gravity index and heterogeneity. When the gravity index is smaller, permeability heterogeneity is the key factor influencing CO2 plume characteristics. Permeability heterogeneity is the decisive factor in determining final CO2 dissolution efficiency. This investigation of CO2 mobility in randomly multilayered reservoirs provides an effective reference for CO2 storage.

Turkish Straits and an Important Oil Price Benchmark: Urals

The Turkish Straits is one of the busiest waterways in the World. Around 4% of the world’s crude oil trade passes through the Turkish Straits. We model the CIF Mediterranean price of Urals crude, one of the world’s most critical medium gravity crude brands that passes through the Turkish Straits. The empirical evidence provided here suggests that congestion (measured in terms of the waiting time for entering the Turkish Straits) increases the CIF Mediterranean price of Urals crude up to 5.05% and 3.09% for the İstanbul and Çanakkale straits, respectively. However, similar supporting evidence could be found for neither an important benchmark oil (Brent) nor Iranian Light, which has similar characteristics and can be considered a close substitute for Urals crude in the Mediterranean refinery market. This shows that the Turkish Straits have an important impact on the price of this important medium crude oil in world oil markets.

Optimization of the Application and Legislative Regulation of Arrest as a Measure of Criminal Legal Impact

The relevance of the study is due to the lack of implementation of the punishment in the form of arrest in law enforcement activities, which narrows the variability of the means of criminal legal influence of the state in the fight against crime and does not reveal the true potential of the declared measure of state coercion.Purpose: to formulate proposals concerning the optimization of the application and legislative regulation of arrest as a measure of criminal legal impact.Objectives: to investigate the legal nature of arrest in accordance with the norms of national legislation; to reveal the essence of arrest in general and arrest as a type of criminal punishment in particular; to identify the distinctive features of arrest and deprivation of liberty as isolation measures of state coercion; to summarize the results obtained.Methodology. The methodological basis of this study is presented by the dialectical method of scientific cognition. In the course of the research, private scientific methods of cognition used in the humanities were also used, which made it possible to investigate arrest as an optimal measure of criminal legal impact.Results. Based on the analysis of the current legislation, statistical data, theoretical research, a proposal has been formulated regarding the appointment and execution of arrest as a type of criminal punishment.Conclusions. Arrest is an effective alternative to imprisonment as a measure of State coercion. In view of the increased severity of arrest in relation to other punishments related to the isolation of a person from society, as well as the vector of development of modern criminal policy, it seems advisable to reconsider the grounds for his appointment, excluding its implementation for the commission of crimes of small or medium gravity. It seems that the rational basis for the application of arrest is a legal fact in the form of committing a serious crime for the first time.

On the issue of forecasting the number of prisoners in custody of suspects and accused of committing crimes of small and medium gravity in the medium term

On the issue of forecasting the number of prisoners in custody of suspects and accused of committing crimes of small and medium gravity in the medium term

"Strict Care" as the Basis of Educational and Psychocorrective Activities in Russian Penitentiary

The article presents the adaptation of the pedagogical and psychological-pedagogical approach based on the idea of "strict care". The authors prove the thesis about the need to actualize in the mental reality of individuals who have committed crimes a sense of belonging (community) and creative attitudes (first of all, towards healthy parenthood) as a basis for awakening conscience as opposed to malignant guilt and shame. This feeling, in turn, turns to a transcendent function that manifests itself during the spiritual development of the individual and the acquisition of meaning. The authors also present the idea of developing a program for the upbringing and personal development of women convicted for the first time for crimes of small and medium gravity. It is assumed that the implementation of the developed program will become the basis for a series of empirical studies. The scientific novelty of the research is in the synthesis of the domestic approach to education based on the experience of Anton Makarenko and the concept of individual psychology and pedagogy by Alfred Adler, as well as an existential approach equally applicable both in the field of pedagogy and psychology. This kind of synthesis allows us to reach a practice-oriented methodology and appropriate methods in educational and educational-psychological work on rehabilitation and personal development of women convicted of minor crimes and convicted for the first time. In case of practical success of the implementation of the relevant program, it can be extrapolated both to other categories of convicts, and, in the future, to the pedagogical and psychological-pedagogical co-education of persons suffering from PTSD.

Exemption from criminal liability for environmental crimes

Environmental protection is one of the tasks of the criminal legislation of Russian Federation (Article 2 of the Criminal Code of Russian Federation). Acts that infringe on public relations for environmental protection and environmental safety are enshrined in Chapter 26 of the Criminal Code of Russian Federation and for the most part relate to crimes of small or medium gravity. This fact implies the possibility of implementing the institution of exemption from criminal liability in general (Chapter 11 of the Criminal Code of Russian Federation) and with the imposition of a judicial fine in particular (Article 76.2 of the Criminal Code of Russian Federation), if an environmental crime has been committed for the first time, and its subject has taken legal attempts to minimize the consequences. The subject of this study is the legitimacy of exemption from criminal liability for environmental crimes with the imposition of a judicial fine. The purpose of the study is seen in determining the admissibility of the declared process. To achieve the desired goal in the study, the following tasks were set and successively solved: 1. To establish legal regulation of exemption from criminal liability with the imposition of a judicial fine. 2. To analyze the investigative and judicial practice of considering criminal cases initiated on the fact of committing environmental crimes. 3. To examine doctrinal approaches for the legitimacy of exemption from criminal liability for environmental crimes.

Преступность несовершеннолетних: криминологическая характеристика и меры профилактики

The statement of the problem in the sphere of juvenile delinquency is conditioned by the events that have taken place over the last three years. The epidemiological situation in the country and in the world, the special military operation in Ukraine and the changes in the socio-economic sphere that followed in connection with it not only in the Tambov region but also in Russia influenced crime statistics as well as the measures of their prevention. The purpose is to research the trend of crimes committed by minors, their number and category, as well as to create a model for their prevention. The methodological basis is formed by such modern general scientific methods and techniques of cognition as system method, method of analysis, statistical, formal-legal and comparative-legal methods, etc. The research is based on the main normative-legal methods. The main normative legal acts regulating the activities of law enforcement agencies, as well as crime prevention measures are considered. The analysis of crime statistics for the last three years (2020–2022) is carried out, the increase in the commission of crimes of medium gravity, as well as the interest of minors in engaging in extremist activities is highlighted. It is established that the complexity of measures, the exclusion of formalism in the carried out work, as well as an individual approach contribute to a fruitful prevention of crimes among juvenile, reduce involvement in extremist activities.

ПРАВОВАЯ ПРИРОДА ПРОБАЦИИ В КЫРГЫЗСКОЙ РЕСПУБЛИКЕ

This article examines the criminal-legal characteristics of probation. Probation in the article is considered as a test. The value of this test, combined with measures of supervision of convicts, is expressed in the fact that in relation to those guilty of crimes of small and medium gravity, it is more humane and more expedient than punishment in the form of imprisonment. At the present stage of the reform of the laws of the Kyrgyz Republic, through a radical transformation of fundamental legislation, a radical transformation of legal policy is taking place, which includes the functioning of a new institution called “probation”.

СОВЕРШЕНСТВОВАНИЕ ПРИНУДИТЕЛЬНЫХ МЕР ВОСПИТАТЕЛЬНОГО ВОЗДЕЙСТВИЯ В УГОЛОВНОМ ПРАВЕ РОССИИ

According to Article 90 of the Criminal Code of the Russian Federation, one of the grounds for the use of coercive measures of educational influence is the commission of a crime of small or medium gravity. Taking into account statistical data on the state of juvenile delinquency for 2017-2021, the specific weight of the types of crimes under consideration in the total mass of registered crimes, international standards for the treatment of juvenile offenders, as well as the need to humanize criminal law policy, it is proposed to improve the institution under consideration by expanding the grounds for compulsory measures of educational influence. It is necessary to provide for the possibility of exemption from criminal liability of persons under the age of 18 for committing serious crimes that are not directed against life and health, public safety, as well as the peace and security of mankind. At the same time, in the case of exemption from criminal liability with the use of coercive measures of educational influence in the commission of a serious crime, it is proposed to establish a 5-year period for their application

ABSENTEE PROCEEDINGS IN THE CRIMINAL PROCEEDINGS OF RUSSIA

The article analyzes the concept of absentee proceedings used in Russian criminal proceedings. A brief description of the stages of formation and development of the institution under study is given, starting with the Charter of Criminal Procedure of 1864. The conclusion is made about the independence of the absentee procedure for the consideration of a criminal case and its difference from other types of consideration of a criminal case in the absence of the defendant. Taking into account the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, depending on the category of crimes, two types of absentee order are distinguished, provided for in Part 4 and Part 5 of Art. 247 of the Code of Criminal Procedure of the Russian Federation. The conclusion is made about the expediency of preserving in criminal proceedings the possibility of enacting a sentence (determination) of a court issued in absentia. The characteristic of each model of absentee order is given. From the position of ensuring the rights of participants in criminal proceedings, proposals were made on the mandatory holding of a preliminary hearing to resolve the petition of the accused to consider a criminal case on a crime of small and medium gravity in the absence of the defendant, as well as the possibility of making such a petition already at the stage of familiarization of the accused with the materials of the criminal case at the preliminary stage investigation. It is concluded that the absentee procedure for considering a criminal case cannot be singled out as an independent simplified procedure, since it does not show the uniqueness of the legal relations regulated by the norms of the alleged proceedings. The absentee procedure of trial does not have a material and legal basis that objectively requires differences in legislative regulation, there are no significant differences compared to the usual procedure for proceedings.

The active position of the court is the basis for the successful application of alternative measures in criminal proceedings

The institution of encouragement in criminal proceedings is an alternative form of making a final decision on a criminal case. The resolution of a criminal case through the use of incentive forms entailing the release from criminal liability of the defendant involves active actions of participants in procedural relations: the will and desire of the parties to terminate the criminal case in one of the alternative ways to the court verdict; negotiating to determine the main mutually beneficial conditions and their coordination; the fulfillment of these conditions and the final confirmation of such agreements by a single «conventional» petition for the termination of the criminal case on the appropriate grounds. The parties exercise active procedural powers within the framework of the principles of disposability and adversarial criminal proceedings. This indicates the universality of the incentive norm. It is possible to effectively apply alternative measures in criminal proceedings with the mandatory explanation by the court to the persons participating in the case of the procedural possibilities of these measures. The conducted analysis indicates the need for legislative consolidation of the procedural obligation of the court when considering criminal cases against persons brought to criminal responsibility for the first time on charges of committing a crime of small or medium gravity, to explain to the participants of the process the non-rehabilitating grounds for termination of criminal prosecution provided by the current legislation. The author believes that this duty of the court will allow to resolve the issue of initiating the procedure for the application of incentive norms by the parties, as well as the court to understand the procedural perspective of this procedure for resolving a criminal case.

Carbon Dioxide Applications for Enhanced Oil Recovery Assisted by Nanoparticles: Recent Developments.

Carbon dioxide (CO2) in enhanced oil recovery (EOR) has received significant attention due to its potential to increase ultimate recovery from mature conventional oil reserves. CO2-enhanced oil recovery (CO2-EOR) helps to reduce global greenhouse gas emissions by sequestering CO2 in subterranean geological formations. CO2-EOR has been exploited commercially over recent decades to improve recovery from light and medium gravity oil reservoirs in their later stages of development. CO2 tends to be used in either continuous flooding or alternated flooding with water injection. Problems can arise in CO2-flooded heterogeneous reservoirs, due to differential mobility of the fluid phases, causing viscous fingering and early CO2 penetration to develop. This study reviews the advantages and disadvantages of the techniques used for injecting CO2 into subsurface reservoirs and the methods adopted in attempts to control CO2 mobility. Recently developed methods are leading to improvements in CO2-EOR results. In particular, the involvement of nanoparticles combined with surfactants can act to stabilize CO2 foam, making it more effective in the reservoir from an EOR perspective. The potential to improve CO2 flooding techniques and the challenges and uncertainties associated with achieving that objective are addressed.

Some issues of the application of the rules on the judicial fine

The subject of the study is the novelties introduced by the legislator into the criminal procedure legislation in 2016 on the possibility of termination of criminal prosecution against persons who have committed crimes of small and medium gravity for the first time, with the simultaneous application of another criminal law measure against them, a judicial fine. The object of the study is the emerging law enforcement practice arising in connection with the application of the norms on the judicial fine. The article pays special attention to the practical applicability of the rules on the judicial fine in relation to persons who have committed crimes of small and medium gravity for the first time, with the so-called formal (non-investigative) composition, as well as those who have committed attempted crimes. Various aspects of practical compensation by such defendants (suspects, defendants) for the harm caused by the crime are considered. The main result of the conducted research is the author's conclusion that a real proportionate compensation for any harm caused by a crime, as required by law, should be an indispensable condition for the application of the rules on a judicial fine, regardless of what kind of crime is in question: with a formal composition or material. The novelty of the research lies in the fact that the author analyzed statistical data on the application of novels about a court fine for the last 3 years, the existing trends in the application of a criminal law measure, a court fine against persons accused (suspects, defendants) of committing crimes with the so-called formal composition, as well as attempted crimes.