Criminal Law Provisions Research Articles

Дефиниция «цифровая криминалистика» как начало ложного направления в науке. Часть 1

Purpose. To compare and analyze the trend of appearance of the pseudo-term “digital criminology” in the science of criminology and prove that this is incorrect. Methodology: induction, deduction, synthesis, analysis, formal legal method, comparative legal method, logical method. Conclusions. The evolution of methods of committing crimes and instruments of crime does not always require the evolution of the science of criminology and the emergence of its varieties. You just have to assess the prospects of extrapolative ways and methods of proving the circumstances of the crimes in the era of digitalization of social relations, in terms of the provisions of modern criminal law and only criminal-legal research unit. The definition of “digital criminalistics”, which has recently appeared in science, actually misleads the scientific community with its novelty and originality, since such criminalistics in nature does not exist a priori. It is necessary to speak only about forensic or expert research of carriers of digital (electronic or computer) information. In criminalistics, it is logical to develop a new direction-the forensic study of electronic media of digital information and the use of computer expertise in establishing all the circumstances of the crime committed. And this is just a new section of forensic technology, studying a new subject of research for this naki. Here, the traditional forensic methodology should be applied, which will be aimed “atlinking” the electronic carrier of digital information and the digital information itself to a specific crime and to a specific person. Scientific and practical significance. The research is aimed at orienting forensic theory and practice towards the study of specific objects and contributes to the fact that all these studies are further applicable to the practice of crime investigation, and not only for theoretical purposes.

Socio-Legal Study of Community Participation in Restorative Justice of Children in Conflict with the Law in Indonesia

The state has the obligation and authority to protect children. This is regulated in Article 28 of the 1945 Constitution of the Republic of Indonesia, that everyone has the right to just recognition, guarantee, protection, and legal certainty as well as equal treatment before the law, namely that the State is obliged to protect every citizen regardless. The problem in this paper is how is the socio-legal study of restorative justice in the Juvenile Criminal Justice System in Indonesia. The method used in this research is a socio-legal research approach. This study found that the customary institution in Padang, West Sumatra is factually recognized in its existence in the customary criminal law of the Dua Puluah Customary Law. Moreover, the results showed that particularly in regulating the provisions of the material criminal law, in the Salapan Law (eight), and the Kanayatn Dayak community. implementing the restorative justice mechanism is resolved by deliberation and is family in nature in a Barukupm Adat forum, which involves all parties, both from functionaries, children of perpetrators and their families, victims and their families as well as witnesses who know the case, and pay attention to the rights of community members within the boundaries the agreed boundaries to be obeyed, based on the values and norms that exist in society. This study offers relevance in the context of non-legal settlement in cases of restorative justice in cases of children in conflict with the law in Indonesia. This study underscores expediency to provide greater space for customary entities to resolve children's cases non-legally and to increase community participation in the resolution of legal cases involving children.ia.

Problems of legal regulation of a procedure of seizing electronic media and copying information

The research subject is the provisions of criminal law regulating the procedure of seizing electronic media and copying information. The article considers the problems faced by investigators connected with the seizure of electronic media during the investigation, copying the information they contain, and the related changes in the investigation practice caused by the introduction of article 164.1 into the Criminal Procedure Code. The purpose of the research is, based on the analysis of the Federal Law of December 27, 2018 No 533, which had amended the Criminal Procedure Law with the article 164.1 “The peculiarities of seizing electronic media and copying information they contain during investigative activities”, and law-enforcement practice in this field, to define the scope of the most urgent problems and develop the ways how to solve them. The research methodology is based on general scientific and specific research methods of cognition: the comparative-legal and formal-logical analysis, modeling, induction, deduction, etc. The scientific novelty of the research consists in the comprehensive and system-based study of the issues and problems of criminal legislation and law-enforcement practice connected with seizing electronic media and copying information they contain, and in the development of the key suggestions about amending the current legislation.   

The rape law revision in Denmark: Consent or voluntariness as the key criterion?

The adoption of a consent-based rape provision in the Danish Penal Code has gradually gained sufficient political support. The overall objective behind the law reform is to render better protection of the right to sexual self-determination and sexual integrity. However, in the recent run-up towards a political agreement, a sharp dividing line has separated the proponents of change due to a heated controversy with regard to the choice of the term to be used in the revised criminal law provision, i.e., ‘consent’ or ‘voluntariness’. The disagreement has caused a protracted deadlock in the reform process. This article examines the polarising opinions in the debate and compares the potential impacts of the debated models. It will be demonstrated that the demarcation line between the two opposing parties in the debate concerning the choice of the appropriate terminology has been drawn unnecessarily sharp. The reach of the amended rape legislation will not merely depend on the wording of the rape provision but will, at least in part, depend on the clarifications provided in the preparatory works. Ultimately, the courts will have to clarify the legal implications of an individual’s passivity in a sexual encounter and address the adequate assessment of sexual encounters taking place against the backdrop of psychological violence and abuse.

ON THE ISSUE OF THE BLANKET METHOD OF CONSTRUCTING CRIMINAL LAW PROHIBITIONS (BASED ON PROVISIONS OF SECTION VII OF THE SPECIAL PART OF THE CRIMINAL CODE OF UKRAINE)

The article examines the blanket method for describing dispositions of criminal law prohibitions, in particular, the norms of Section VII of the Special Part of the Criminal Code of Ukraine. It has been established that when using blanket dispositions, the content of a criminal act is determined both by the law on criminal liability and by the norms of other branches of law; at the same time, such dispositions do not replace criminal law provisions, while performing in such cases auxiliary, clarifying function. It is determined that the blanket way of describing economic articles of criminal legislation is due to the special meaning of a criminal prohibition, which protects the economy as a regulator of relations by non-criminal legal acts. In the norms of the Criminal Code of Ukraine on economic crimes considered in the article, the domestic legislator pragmatically concretized the semantic links between the norm of the criminal and special regulatory law, which should be taken positively. It was established that in this way, firstly, the limits of the volume of unlawful behavior are clearly established, beyond which the representatives of law enforcement practice are strictly prohibited from going out during the criminal-legal assessment of the deed. At the same time, here, to a certain extent, the work of the law enforcement officer is facilitated, since normative acts of a non-criminal direction have been concretized, which should be relied upon in the investigation and further judicial proceedings. Secondly, such a normatively specific approach to the construction of criminal law prohibitions obviously contributes to the unification and simplification of approaches to socially dangerous acts in the economic sphere. It shows that the state does not need numerous laws and regulations, which are textually, chronologically and legally distorted. It has been established defined that the reform of the object and system of norms on crimes against the order of economic activity should have as its main task the careful development of specific criminal law norms in order to create the cross-sectoral mechanism of legal regulation. Key words: blanket disposition, economic crime, legal act, disposition, regulatory law.

Судебная юрисдикция в сфере применения меры пресечения в виде заключения под стражу

The article deals with a set of problems related to judicial jurisdiction in the application of preventive measures in the form of detention. A number of additions to existing legislation on the use of preventive measures in the form of detention are proposed. This article deals with the peculiarities of the application of a preventive measure, such as detention. The main features of its use were established. The procedural characteristics of such a type of preventive measures as detention are studied, the procedural measures related to the detention of a suspect/ accused/defendant are analyzed, the provisions of the current criminal procedure law are analyzed. It is stated that ensuring the rights of suspects accused when choosing and applying a preventive measure in the form of detention against them is faced with difficulties, primarily due to the fundamental problems of the entire Russian criminal proceedings: the excessive length of the proceedings, its excessive bureaucratization, formalism, the hypertrophied role of the preliminary investigation before the trial, poor conditions of detention and others. Materials of St. Petersburg, Arkhangelsk region are used.

Limits of criminal law regulation of robotics

The article analyzes the current state of intersectoral relations in the legal regulation of robotics. The author points out the complementarity and consistent integration of legal processes occurring in civil, administrative and criminal law into a single system. The connection between civil law institutions, in particular the institution of reparation and liability insurance with the provisions of criminal law is essential for the establishment of an effective criminal justice system of regulation using robotics and the construction of relevant norms. The study concluded that the main criterion distinguishing civil law torts with the use of robotics from criminal offences is the degree of public danger of these acts and the extent of damage caused from the consequences that have occurred. Civil liability for damage caused by robotics does not preclude administrative or criminal liability. The author presumes that there are no mechanisms in civil law to hold software developers for robots accountable, which is a serious omission in the context of the growing autonomy of robotics. Russian criminal legislation also does not address the problem of compensation for the use of military-type service robots in combat operations. This is a significant legal gap and prevents victims from seeking redress. The author considers it essential to recognize controlled and semi-controlled robots as sources of increased danger. The author also argues that the responsibility for the damage caused by controlled and semi-controlled robots should be assigned to the owners. Conceptually, it is considered important to take into account the degree of autonomy of robots and their relationship to the actions of operators. Both robots themselves (fully autonomous) and robotic (controlled and semi-autonomous) activities are a source of increased danger.

ПРИНУДИТЕЛЬНЫЕ МЕРЫ ВОСПИТАТЕЛЬНОГО ВОЗДЕЙСТВИЯ НА СОВРЕМЕННОМ ЭТАПЕ РАЗВИТИЯ ЗАКОНОДАТЕЛЬСТВА В СФЕРЕ ПРЕДУПРЕЖДЕНИЯ ПРЕСТУПНОСТИ НЕСОВЕРШЕННОЛЕТНИХ

The article examines the effectiveness of existing criminal legal instruments of educational influence on minors. On the basis of the analysis of strategic planning documents affecting children, changes in criminal and other federal legislation on the basis of the system for the prevention of juvenile neglect and delinquency, it is concluded that the task of bringing the legislation in question in line with international standards has not yet been solved. Criminal legislation in this area is not impeccable and needs to be finalized. Judicial statistics show a low demand for warning as an educational measure. At the same time, criminal legislation does not regulate a specific form of warning and does not answer the question of what negative consequences for a minor may occur if they have not made appropriate conclusions from the declared warning, but have not yet committed a new crime. In addition, the question of the element of coercion in the structure of this measure is raised, and the difficulties of its application are indicated, taking into account the existence in criminal law of rules on the insignificance of the act. It is proposed to remove warning from the list of compulsory measures of educational influence. Based on the analysis of the practice of implementing the obligation to make amends for the harm caused, it is concluded that the coercive element in the structure of this measure is conditional in cases when compensation is paid not by minors themselves, but by their parents. In this part, the measure in question seems ineffective. When considering the provisions governing the transfer of a minor to the surveillance of parents or other persons replacing them, attention is drawn to the absence of the types and limits of surveillance and control clearly defined in the law. In addition, it is concluded that there is a conflict that arises between the rules of criminal procedure law, which provides for negative consequences from failure to comply with the measure imposed on minors, and the provisions of criminal law, according to which the duties are imposed not on the minor, but on third parties. In the light of judicial statistics showing that it is extremely rare for minors to be sentenced to imprisonment for crimes of moderate gravity, the relevance of the provisions of the criminal law providing for the possibility of placing minors who have committed crimes in this category in a special educational facility of a closed type is questioned.

О ФОРМАЛЬНОМ АСПЕКТЕ РЕГЛАМЕНТАЦИИ УГОЛОВНО-ПРАВОВОГО ВОЗДЕЙСТВИЯ В ОТНОШЕНИИ ВОЕННОСЛУЖАЩИХ В УК РФ

The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.

Crkvene krivice i kazne u Ustavu Srpske pravoslavne crkve

In this paper, the author analyzes ecclesiastical penalties, according to the Constitution of the Serbian Orthodox Church (SPC) of 1947. This is the highest legal act of the SPC which contains, besides the provisions that regulate the rules of church life and the authority of certain bodies of the SPC, a number of provisions related to offenses (guilt) and sanctions for unlawful acts. In addition to the offenses and system of ecclesiastical criminal sanctions, the paper also points to the jurisdiction of church courts in pronouncing ecclesiastical sentences. Church impunity and punishment are presented, in accordance with the system of the Constitution of the SPC. The penalties vary depending on whether they can be given to priests or believers because the purpose of punishment is different from those of the two categories of Church members. Wherever necessary, the similarities and differences are pointed out between the criminal law provisions in Constitution of the Serbian Orthodox Church and the criminal law of the Republic of Serbia, as well as development of ecclestiastical crimes and penalties from first cannons, Dušan's Code to nowdays. The aim of this paper is to point out to both scholarly and expert public, and believers, who are most often lay people, this part of the church right, which, according to the author, is unjustly neglected in this kind of papers.

The system of pre-trial proceedings in the criminal proceedings of the Russian Federation: Factors of formation

The article is devoted to the analysis of historical prerequisites that predetermined the distinctive nature of the national system of Russian pre-trial proceedings as the initial stage of criminal procedure. By analyzing the peculiarities of domestic criminal procedure legislation, and the development of judicial and law enforcement agencies, in addition to drawing comparative parallels with foreign mechanisms for solving and investigating crimes, the author assumes that the gradual autonomy of the Soviet and then Russian system of pre-trial proceedings was a direct result of the well-known historical cataclysms associated with the Soviet power establishment in 1917 and its fall in 1991. It is noted that a rather unique model, based on the chaotic mixing and interweaving of various, including poorly compatible, elements inherent in various models of criminal procedure (French, German, Anglo-Saxon) of pre-trial proceedings has been formed in Russia at present. These elements are linked by means of specific domestic criminal procedure doctrine’s “inventions”, which are reflected in the relevant provisions of criminal procedure law and practical recommendations for law enforcement practice. The modern Russian model of pre-trial proceedings is expressed in the integration of the functions of the “police” and “justice”, in providing law enforcement agencies criminal procedural powers of a forensic nature to collect full-fledged evidence for the upcoming court hearing. According to the author, this explains many doctrinal and legislative problems of Russian pre-trial proceedings, which for many years have had a negative impact on judicial and investigative practice (problems related to the initiation of criminal proceedings; problems of practice in proving the results of operational-search activities; problems related to the legal regulation of the detention of a suspect, etc.). The research concludes that the legislator should stop the law-creating “throwing”, the policy of a chaotic mixing of various elements inherent in different types of criminal proceedings, and, finally, choose one single model that is the most suitable for modern Russia with its laws and realities of development.

Problematic Issues of Differentiation between Specific Offenses Related to Corruption and Corruption Offenses

Certain theoretical problems of administrative responsibility for corruption-related offense were considered. The conceptual provisions of the legislation on prevention of corruption have been investigated. Some problems that exist in the provisions of administrative and criminal law are identified. Based on the analysis of the current administrative legislation, as well as the positions of the doctrine of administrative law, possible options for solving the outlined problems are formulated. In today’s environment, awareness of the content of legislation in terms of combating corruption are the factors that impact the effectiveness of law enforcement practice. The terminological certainty of the current legislation is a direct confirmation of the observance of the principle of the rule of law by representatives of law enforcement agencies in particular and the law enforcement system in general. A kind of indicator of the actual state of implementation of the above provision is the anti-corruption rating, where Ukraine is only 117-th out of 180 countries. Accordingly, in order to improve the current state of combating corruption in our country, and thus improve Ukraine’s rating in the international arena, it seems appropriate to conduct research with a detailed explanation and further clarification of certain legislative approaches to illegal corruption. The conducted scientific research acquires special significance in view of the relative novelty of the current domestic anti-corruption legislation

УГОЛОВНАЯ ОТВЕТСТВЕННОСТЬ ЗА НАРУШЕНИЕ РЕЖИМА КОНФИДЕНЦИАЛЬНОСТИ В РОССИЙСКОМ И ЗАРУБЕЖНОМ ЗАКОНОДАТЕЛЬСТВЕ

The subject of the work is the status and prospects of criminal law liability for various violations of the special legal regime of legally protected secrets. Considering the specifics of criminal liability for violation of confidentiality of information, experts traditionally focus on certain legally protected secrets and a detailed analysis of the relevant corpus delicti, which does not allow to cover the problem of protection of information of limited access by criminal law means as a whole. The author of this article performed a comprehensive legal analysis of criminal liability for violation of legal regime of secrets protected by law and other restricted information on the basis of a set of unlawful acts of non-compliance with the requirements of the regime. Methodologically, the study is based on a set of modern general scientific and private legal methods. It is based on the comparative legal method, which allows to compare the norms of criminal legislation of Russia, CIS countries, European and other states. The author draws attention to the existing differences and notes that some provisions of the modern Russian criminal law do not meet the requirements of the time, modern challenges and threats of the global information society in the conditions of building a digital economy. Based on a generalized analysis of the regulatory legal framework of the Russian Federation, foreign states and existing doctrinal views, the conclusion is made about the unsystematic composition of crimes aimed at violating the legal regime of secrets protected by law and other information of limited access. The author additionally notes the need to separate eco-nomic espionage and intentional disclosure of trade secrets into separate corpus delicti. Certain shortcomings of the Russian criminal law is the lack of corpus delicti aimed at the protection of legal regimes of professional and official secrets, personal data. Taking into account changes in the attitude to the institution of adoption and global trends in the protec-tion of children's rights, the possibility of decriminalisation of the disclosure of adoption secrets in modern conditions has been argued. The above and other problems identified in Russian criminal law with regard to the protection of legally established secrets and other restricted information are aimed at improving criminal legislation.

Конституционные основы уголовной ответственности за злоупотребление правами и свободами

Introduction: the prerequisite for socially dangerous acts to be criminalized is their illegality; one of the forms of such acts is abuse of rights, when the behavior of the subject causing harm to the rights and interests of other persons has an external form of exercising his/her right. Criminal liability for abuse of rights has specific features that significantly distinguish it from other criminalization processes. Purpose: to analyze the theoretical foundations for constructing the grounds of criminal liability for abuse of rights, with the analysis being performed through the prism of criminal law and constitutional provisions. Methods: system analysis, formal and dialectical logic, modeling, method of interpretation of legal norms, method of constitutional examination, comparative legal method. Results: abuse of rights covers both situations of using rights to the detriment and those where the person goes beyond the limits of the right granted to him/her. It is necessary to distinguish between two types of abuse of rights. 1) Abuse of rights by government officials. In criminal law, it generates two problem situations: a) an assessment of the actions of civil servants who consistently implement such a policy of the state that is not legal by its nature and is aimed at depriving citizens of their rights and freedoms or restricting those; b) an assessment of the actions of government officials who abuse their official powers in conditions when such actions contradict the legal policy of the state. 2) Abuse of rights by individuals. In criminal legal assessment of this behavior, one should distinguish: a) abuse of a right as a method of crime and b) abuse of a right as the content of behavior. Conclusions: no abuse of rights can entail criminal liability if it is not associated with the infliction or a real threat of infliction of substantial harm to the rights of citizens. It is essential to optimize the system of liability for abuse of rights and particularly to solve the problem of responsibility of officials implementing non-legal policy of the state and also responsibility of private individuals for abuse of rights in cooperation with government agencies.

Problems of criminal liability for illegal amber mining in Ukraine

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

The Supervision of Village Fund Management to Prevent Corruption

Indonesian village government is required to carry out its duties properly. The village government has an obligation to understand legal instruments in many laws and regulations. The legal instruments serve as a guideline to carry out the accountability of the village officials to execute programs that use village funds. Unfortunately, the requirements have not been materialized due to the increasing corruption involving village heads who abused village funds. The study aims to find out the form of accountability of the village head as the power holder of village fund users when there are allegations of village fund corruption and the supervisory function that can be carried out by the Village Consultative Body (BPD – Badan Perwakilan Desa) in preventing of village funds to be corrupted by the village head. The study shows that the legal instruments and implementation of the use of village funds are basically in accordance with the principles and principles of managing state finances, even though the arrangements are separate from the provisions on regional government, where these arrangements and management must be under the objectives of state life as regulated in the 1945 Constitution. Moreover, the form of accountability of the village head regarding the use of village funds refers to the guidelines stipulated in the legal instrument. Still, when the alleged corruption of village funds committed by the village head is proven, the case is resolved according to the criminal law provisions. The supervisory function by the BPD in the management of village funds by the village apparatus is carried out as a form of increasing prosperous village communities. However, the supervision is still weak due to political interests between the village apparatus and the BPD institution in the institutional position of the village government. We can conclude that legal instruments are essential as a guide in managing village funds, including accountability for the use of village funds. In addition, the supervisory function in village management has an important role, especially in preventing the misuse of village funds, leading to corruption allegations.

Geneza krivičnog dela nasilje u porodici u srpskom krivičnom pravu

Serbian criminal law legislature regulating family violence has been riddled with shortfalls and ambiguity from the onset, resulting in major difficulties in its application. Insufficient rumination by lawmakers and absence of wider discussion within professional circles is evident in the criminal law provisions regulating this pathology. An overview of provisions regulating the family law offence in fundamental criminal codes offers somewhat better insight into the difficulties of applying such provisions in practice in addition to offering an explanation on how the public views family violence. Further this overview sheds light on some of the reasons for development of special, and in many ways hybrid, legislature regulating family violence.

Corona Ignorers – Only Annoying or Already Punishable? A Consideration of §§ 178, 179 Austrian Criminal Code (Endangering People by Infectious Diseases)

The Corona pandemic, which has dominated everyday life since the beginning of 2020, has brought Sections 178 and 179 of the Austrian Criminal Code (StGB) into the focus of criminal law discussion. They criminalize endangering other people through certain diseases: The perpetrator can be punished if he or she risks to transfer a disease, of which the presence must be reported to public authorities according to the law, to at least about ten other persons. Not least because these offenses have not had particular practical relevance up to date, several dogmatic questions remain unresolved, to which this paper provides an answer. These include, in particular, the extent to which a behavior must be dangerous for the health of others to lead to a criminal liability, how to deal with a lack of dangerousness that is determined ex post, and whether and under what conditions criminal liability by omission can exist. The proposed solutions are examined for their practical suitability based on typical “Corona cases” such as visiting so-called “Corona parties”, ignoring a segregation duty or concealing contacts during contact tracing. To answer the unresolved dogmatic questions, it is first necessary to present the relevant literature and second to interpret the criminal law provisions according to the recognized interpretation methods (especially systematic interpretation and historical will of the legislator). This will lead to new solutions that partially differ from the prevailing opinion.

Atonement of harm as an indicator of changes in the legal consciousness of the person who committed a credit fraud

The idea of this study is based on the assumption that the reason for the unjustified application of the criminal law provisions on accounting by law enforcement agencies when punishing various variants of positive post-criminal behaviour, which are varieties of atonement of the harm caused by a crime, is a lack of attention to the nature of atonement as one of the indicators of positive changes in the legal consciousness of a person who has committed a crime, that is, an insufficiently thorough assessment of the characteristics of the personality of the perpetrators, the degree of rooting of antisocial attitudes in their minds, as well as the level of assimilation of legal values and ideals of law-abiding behaviour. The purpose of the study is to identify and study the aspects of the content of the term “atonement of harm” in the meaning provided for in clause “k” part 1 of Art. 61 of the Criminal Code of the Russian Federation, taking into account the interpretation of the corresponding varieties of positive post-criminal behavior as an indicator of a change in the legal consciousness of a person who has committed a credit fraud. The study is based on the widespread use of the formal legal research method in conjunction with the philological, systemic and logical methods of interpreting regulations. A comprehensive analysis of the content of various types of atonement of the harm caused by a crime as the indicators of positive changes in the legal consciousness of a person who committed credit fraud was carried out for the first time. The results of this study can be used to improve the practice of application of criminal-legal means of accounting for positive post-criminal behavior in the form of atonement when imposing punishment not only on credit fraudsters, but also on persons who have committed other crimes. The author’s concept of the criteria that form the content of the varieties of making amends is presented herein.

The Istanbul Convention’s Evidentiary Requirements in the light of Laws on Self-Defence and Mitigating Criminal Responsibility

The article argues that the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), a comprehensive international treaty, may necessitate deep changes in its Parties’ domestic legal regimes, including reconceptualising laws on circumstances excluding or mitigating criminal responsibility and related evidentiary issues in domestic cases. The article first presents the theoretical underpinnings of a understanding of and criminal laws. It then proceeds to present different approaches to law reform that have contemplated laws on circumstances that exclude criminal responsibility, mostly in the context of homicides committed by battered women. Traditional approaches to law reform demonstrate how a reconsideration of a single legal concept requires reconsideration of all legal principles governing the structure of that concept and causes a cascade effect. This, in turn, requires specific evidentiary considerations, including the context in which a crime is perpetrated, namely the dynamics of abusive partner relationships, social framework evidence, and the ‘demystification’ of against women. The article suggests that the Istanbul Convention’s emphasis on investigation and evidence and the promotion of a gendered understanding of violence may potentially open the question of criminal responsibility of female offenders by elevating rules of evidence to criminal law provisions (in a reverse cascade effect).