Qualifying Feature Research Articles

CRIMINOLOGICAL FEATURES OF PROFESSIONAL CRIME

The article is devoted to the study of the criminological features of professional crime, which is an important and relevant issue for shaping the system of measures aimed at its prevention and counteraction. Professional crime refers to the criminal activities of individuals who systematically, throughout their lives, commit criminal acts in a specific field, using the results of these activities as a means of earning or gaining profit for their livelihood. For such individuals, their specific “criminal activity” becomes a “profession” in which they develop, continually improve their criminal skills, and reach professional “heights” to maximize profits (income) and hide the traces of their criminal activities from law enforcement. The authors identifies the following characteristics of professional crime: its persistent and stable nature; the presence of “specialization” and “qualification” in the offender; the regular income (profit) from criminal activity; the offender’s constant connection with an antisocial environment; and the existence of a specific “subculture” in the form of traditions, customs, and particular “languages of communication” (slang). Based on the research, the authors has formulated a system of economic, social, political, and legal measures to prevent and counter professional crime. As part of the legal measures, the author proposes amending different articles of the Special Part of the Criminal Code of Ukraine by adding a new qualifying feature: “the commission of an act in the form of criminal activity.” Currently, the only qualifying feature in the Criminal Code of Ukraine is “repeat offense,” which applies whether two episodes of a crime have been committed or even if there have been 3-15 episodes of the same crime. This approach fails to account for the activities of professional criminals, where the commission of 3-15 crimes should be qualified as a more serious offense compared to ordinary “repeat offenses,” which only cover two episodes. The authors also suggests the creation of a separate law, the “Law of Ukraine on the Basics of Prevention and Counteraction to Professional Crime,” which would include specific sections ensuring comprehensive regulation of the issue of combating professional crime. The structure of these sections may include: 1) “General Provisions”; 2) “Subjects of Countering Professional Crime, Their Competence”; 3) “Preventive and Countermeasures Against Professional Crime”; 4) “The Identity of the Professional Criminal and Their Legal Status”; 5) “Liability for Violations in the Sphere of Countering Professional Crime”; 6) “Control and Supervision over the Enforcement of Laws in the Fight Against Professional Crime”; 7) “Final and Transitional Provisions”. In the author’s opinion, a comprehensive legislative regulation of professional crime and the formation of an effective system of measures to counter it are key to building a successful preventive criminological policy of the state in the fight against such crime.

Статус несовершеннолетнегов административно-деликтном и уголовном праве

The article discusses the status of a minor as a subject of administrative offenses and crimes, as well as a victim of these offenses. Special attention is paid to how the presence of a child in the subject of an administrative offense or crime affects the limits of liability. The author shares the idea of establishing a 14-year age limit for the responsibility of the subject provided for a certain list of administrative offenses. The idea of separating administrative offenses in which minors are victims is also put forward within a separate chapter. An analysis of all elements of administrative offenses and crimes is carried out and the conclusion is made that the minority of the victim in some cases acts as a constructive feature, in others - as a qualifying feature.

ПУБЛИЧНОСТЬ КАК ДОКАЗАТЕЛЬСТВО РАСПРОСТРАНЕНИЯ ИНФОРМАЦИИ, НЕ СООТВЕТСТВУЮЩЕЙ ДЕЙСТВИТЕЛЬНОСТИ, ВЛЕКУЩЕЙ ЗА СОБОЙ ЮРИДИЧЕСКУЮ ОТВЕТСТВЕННОСТЬ

. In the Russian Federation, the dissemination of information is carried out freely in compliance with the requirements established by law. The criminal, administrative and civil legislation of the Russian Federation ensures the protection of the rights, honor and dignity of a citizen, and, in particular, the business reputation of internal affairs bodies. The considered factor of publicity of information dissemination is a qualifying feature in the organ-ization of the protection of honor, dignity and business reputation of employees of the internal affairs bodies of the Russian Federation. The article provides an analysis of law enforcement practice in this area, examines ways to determine whether the information reported about a person is defamatory, analyzes the content of statements, the communicative situation, the form of assessment and the fact of orientation to public dissemination to other persons. The dissemination of deliberately false information violates the interests of individuals, society and the state. The authors note the need for the correct qualification of the act as defamatory and the development of dispute resolution measures.

Дипфейк (deepfake) и уголовный закон

Introduction: in the context of digitalization, the dissemination of false information has acquired a completely new content – deepfake not only creates competition for objective coverage of events, processes or phenomena, but claims to replace reality itself. The authors note the unprecedented nature of this problem not just for an individual or state, but for humanity as a whole, since deepfake poses an existential threat to social communication itself. Materials and Methods: the study was conducted on the basis of generally accepted methodology (a combination of general and specific methods of cognition). The work was carried out on the basis of current Russian legislation, the legislation of individual foreign countries, materials from law enforcement practice, scientific literature and publications on the topic on the Internet. Results: the work argues for the conclusion that it is necessary to supplement the domestic model of differentiation of criminal liability with such a qualifying feature as committing a crime “using deepfake technology”. Discussion and Conclusions: the problem of using deep synthesis technology (deepfake) for the purpose of causing harm to legally protected interests requires an integrated approach and does not have a purely legal solution. Taking into account the peculiarities of the technology, there is no reason to say that there are social and legal prerequisites for the criminalization of any actions with deepfakes. Real counteraction involves developing clear criteria for malicious deepfake at a theoretical level, technological solutions for prompt identification and removal of such content, building public-private partnerships in this area, training appropriate personnel with the necessary competencies, and much more.

Characteristics of excesses of the perpetrator when committing a crime in complicity

This article considers the characteristic of excesses of the perpetrator and the form of complicity in excesses of the perpetrator. The criminal-legal assessment of actions of accomplices in the conditions of excesses of the perpetrator of a crime is analyzed, when a number of problems are revealed, in particular: establishment of peculiarities of qualification depending on the type of excesses of the perpetrator of a crime; qualification of acts of co-perpetrators when they commit “outgrowing” crimes; qualification of crimes on the grounds of committing them by a group of persons by pre-planned conspiracy; qualification of acts of accomplices on the most serious qualifying feature of the crime, etc. Features of qualification of crimes in conditions of excesses of the perpetrator of a crime in the science of criminal law are traditionally considered in relation to quantitative and qualitative excesses.

Может ли использование информационных технологий быть квалифицирующим признаком преступлений против интеллектуальной собственности?

Introduction. The present article is devoted to the issue of registration of the use of information technologies in committing offences against intellectual property. This issue is considered by the author in three aspects - the use of computer information in the committing offences; information and telecommunication networks, including the Internet; and the use of artificial intelligence technologies in committing offences. Methods. The methods of formal logic, system-structural analysis are applied in the research, the main attention is paid to the analysis of materials of judicial practice. Results. The author concludes that the use of information technology should lead to stricter liability in cases where it significantly simplifies crime committing, leads to an increased number of recipients of destructive information or illicit goods and substances, and has the potential to raise the number of offences committed. Based on the results of the research, the author formulates specific proposals to improve criminal legislation in the field of intellectual property. The author proposes to include in separate articles on offences against intellectual property the qualifying feature “an act committed with the use of information and telecommunication networks, including the Internet, or with the use of artificial intelligence systems”.

The use of information and telecommunication networks for criminal purposes: regulatory accounting and prospects for expanding criminal law authority

The rapid digital transformation of crime determines the high importance of criminal law regulation, which, according to some scholars, requires modernization to ensure a stricter state censure of persons encroaching on security in the information and communication space. Critically assessing this proposal, whose implementation will entail numerous norms that are constructively inconsistent with the requirements of non-characteristic property of a qualifying feature for acts, which threatens to artificially increase the danger of crime, the author proposes to amend the law, ensuring a unified definition of the relevant objective feature. The totality and multivariability of the use of information and telecommunication networks for criminal purposes actualizes the issue of determining the boundaries within which the involvement of communication reserves of the relevant technologies will form a mechanism for a criminal act, the significance of which has increased due to the broad interpretation by the Plenum of the Supreme Court of the Russian Federation of the relevant objective feature in relation to the composition paragraph "b" part 2 Article 228.1 of the Criminal Code of the Russian Federation. The systematic implementation of the law may serve as a basis for a broad definition of this feature also within the framework of other compositions, posing a threat of judicial penalization of acts. The repressive nature of criminal law regulation precludes hasty reforming of the law, devoid of criminological substantiation. The decision to expand the differentiating meaning of the analyzed objective feature may be dictated by the emergence in society of social relations that are not regulated by law, giving rise to acts that pose danger, or to ensure a unified normative definition of related criminal acts. The methodological basis is made up of general scientific (analysis and synthesis, dialectics) and private scientific research methods (criminal-statistical, systemic structural, formal legal).

Hooligan motivation as a means of differentiation of criminal responsibility

In modern criminal law theory, there is no consensus on the optimal and necessary number of means of differentiating of criminal responsibility. Therefore, lists of types of qualifying signs and circumstances aggravating punishment are still in the process of being formed. Hooligan motives are fairly common motive for committing a crime, but so far it has not been considered as one of the aggravating circumstances, which creates conditions for deviation from the principle of justice when imposing punishment for a committed crime. The purpose of the study is to substantiate the recognition of a crime committed from hooligan motives as an aggravating circumstance. The recognition of a hooligan motive as an aggravating circumstance will allow systematizing its use as both a qualifying feature of certain elements of crimes and a circumstance, the establishment of which implies an increase in the severity of the chosen measures of criminal responsibility. This will contribute to the issuance of fair judicial decisions. It is proved that any crime committed out of hooligan motives is characterized by an increased degree of public danger. If the corpus delicti does not include hooligan motives as a qualifying feature, then this motive should be taken into account when sentencing. The results of the study can be used for research in the field of means of differentiation and individualization of criminal liability. The rationale presented in the work can be taken into account when preparing a draft law on supplementing Art. 63 of the Criminal Code of Russia (hereinafter referred to as the Criminal Code) is another aggravating circumstance.

Превышение полномочий частным детективом или работником частной охранной организации, совершенное с использованием оружия или специальных средств и повлекшее тяжкие последствия: вопросы квалификации

Based on scientific material and law enforcement practice, the issues of qualification of abuse of power by a private detective or an employee of a private security organization holding a private security guard certificate in the performance of their official duties, committed with the use of weapons or special means and resulting in grave consequences, are analyzed. It is stated that quite often in practice this crime has a group nature. Suggestions are made related to editing the existing provisions of Art. 203 of the Criminal Code of the Russian Federation, as well as the addition of new provisions. In particular, it is proposed to partially specify the content of the concept of grave consequences in relation to Part 2 of Art. 203 of the Criminal Code of the Russian Federation, and also further consolidate such a qualifying feature as the commission of this crime by a group of persons and an organized group, by formulating a new part 3 of Art. 203 of the Criminal Code of the Russian Federation.

РАЗВИТИЕ ГРАЖДАНСКОЙ СЛУЖБЫ РОССИЙСКОЙ ФЕДЕРАЦИИ: ЭКСПЕРТНЫЕ ИДЕИ И ПРАВОВЫЕ РЕАЛИИ

The purpose of the article is to summarize the positions of modern domestic scientists on key problems in the development of the civil service, to assess how these problems have been solved in recent years at the regulatory level, and to develop recommendations for further directions of development. An institutional approach, methods of bibliometric analysis of scientific publications and subject-thematic classification by key (thesaurus) words were used. The method of comparative legal analysis was used to assess the degree of fulfillment of the tasks set in the “Main Directions for the Development of the State Civil Service of the Russian Federation” and plans for their implementation in 2016–2018 and 2019–2021. Some proposals for the development of the civil service institution of the Russian Federation are formulated using methods of legal modeling and thought experiments. Some proposals are developed related, in particular, to highlighting the status of an official as a qualifying feature when adjusting the legislation on the civil service, as well as to extending the status of public officials to all types of public sector organizations. The potential of digital transformation is proposed to be used to fix the connection between the volume and quality of implementation of government functions (powers), on the one hand, and the number of civil service positions and budgetary expenditures for their financing, on the other.

ILLEGAL ARMS TRAFFICKING: CRIMINAL LAW ASPECTS

The development of new technologies brings progress to society and possible threats to the national and military security of the country. Criminals are increasingly using the results of progress to commit illegal acts. In this regard, special attention should be paid to the study of the issue of arms trafficking. The trend in this area today is to simplify and reduce the cost of its production processes. One of the technological directions is the manufacture of plastic weapons on 3D printers, practically at home. At the same time, the number of such weapons can vary from one copy to several hundred units per day. And its types can be represented by firearms, grenades, ammunition, etc. In turn, domestic criminal legislation, one of the tools for preventing offences, should be ready for such phenomena to protect citizens and the democratic foundations of the rule of law. In this regard, the author proposes to revise the provisions of certain parts of Articles 287 and 288 of the Criminal Code of the Republic of Kazakhstan within the framework of the article, introducing an appropriate qualifying feature into them.

Legislative initiatives to strengthen the accountability for corruption crimes during the war period in Ukraine

The article provides a critical analysis of the Draft Law of Ukraine "On Amendments to Certain Legislative Acts on Equating the Punishment of Corrupt Criminal Offenses to High Treason During Martial Law in Ukraine" (Reg. No. 9659 dated 08/30/2023). It was revealed that the proposed draft law article 111-3 "Commitment of a corruption criminal offense during the operation of the legal regime of martial law" was created by mechanically combining the relevant features of criminal offenses provided for in Art. 191 "Appropriation, embezzlement of property or taking possession of it by abuse of official position" (Chapter VI of the Special Part of the Criminal Code) - Part 1 of Art. 111-3 of the project, Art. 210 "Untargeted use of budget funds, implementation of budget expenditures or provision of loans from the budget without established budget allocations or exceeding them" (Chapter VII of the Special Part of the Criminal Code) - Part 2 of Article 111-3 of the project, Art. 364 "Abuse of power or official position" (Chapter XVII of the Special Part of the Criminal Code) - Part 3 of Art. 111-3 of the project, Art. 368 "Acceptance of an offer, promise or receipt of undue benefit by an official" (Chapter XVII of the Special Part of the Criminal Code) - Part 4 of Art. 111-3 of the project, Art. 368-5 "Illegal enrichment" (Chapter XVII of the Special Part of the Criminal Code) - part 5 of Art. 111-3 of the project and Art. 369-2 "Abuse of influence" (Chapter XVII of the Special Part of the Criminal Code) - Part 6 of Art. 111-3 of the project. Such a concentration of different types of criminal offenses in one article is unfounded, because it violates the principle that is embedded in the construction of the entire Special Part of the Criminal Code. The decision of the draft law, according to which all six parts of this article provide for the same sanctions - "is punishable by deprivation of liberty for a term of fifteen years or life imprisonment, with confiscation of property" is also questionable. Mechanistic formation of Art. 111-3 of the project destroys the specificity of the public danger of the acts combined in this article. The task of increasing the severity of punishments for corruption criminal offenses is proposed to be implemented in a simpler way - by supplementing the relevant articles of the Criminal Code with a new qualifying feature "committed during the operation of the legal regime of martial law by a person occupying a responsible and especially responsible position" with the establishment of sanctions of the higher level of severity. However, these sanctions should not be identical, as implemented in the draft law, but should take into account the nature of each individual criminal offense.

Problems of qualification of crimes, related to illegal entry into the home

Given the large number of crimes involving illegal entry into the home, it seems relevant to consider the application of the qualifying feature “illegal entry into the home” in such crimes as theft, robbery, robbery. The purpose of the study is to analyze judicial practice and scientific literature to establish how the application of the qualifying feature “illegal entry into the home” in a number of crimes (in the commission of theft, robbery, robbery) occurs. The author used the methods of analysis and synthesis. As a result of the study it was found that the courts, when applying the qualifying feature “illegal entry into the home” in such crimes as theft, robbery, robbery, pay attention to the initial intent to commit a crime involving illegal entry into the home. Scientific novelty consists in the fact that the error in the qualification of the crime by the bodies of preliminary investigation is revealed. It is important for the law enforcer to determine the initial intent to commit a crime associated with illegal entry into a dwelling in order to qualify the act as theft (robbery, robbery) with illegal entry into a dwelling. In the author’s opinion, despite the fact that the Criminal Code of the Russian Federation contains the concepts of “dwelling”, “storage” and “premises” fixed by law, in practice there may be problems associated with the delimitation of these concepts. To avoid this situation, according to the author’s position, the state should pay more attention to the issue of advanced training of preliminary investigation officers (including seminars).

Criminal law characteristic of intentional destruction or damage to property

The article is devoted to the disclosure of the features of criminal liability for intentional destructionor damage to property provided for in Art. 194 of the Criminal Code of Ukraine. The elements of this composition of the criminal offense, which are necessary for criminal qualification according to the specified article of the law on criminal liability, have been analyzed. The author reveals the problematic issues of qualification of the qualifying features of intentional destruction or damage to property, namely, the commission of this crime by arson, explosion, or other generally dangerous means, which caused property damage on a particularly large scale, or caused death or other serious consequences. The author emphasizes the peculiarities of qualification of intentional destruction or damage to property, the difference between this crime and related crimes, in particular, violence against the population in the area of hostilities, violation of the laws and customs of war under martial law. This made it possible to conclude that the intentional destruction or damage to other people’s property committed by arson or explosion as a result of an act of aggression by the Russian Federation against Ukraine is qualified as a war crime under Article 438 of the Criminal Code of Ukraine, and the unlawful intentional destruction or damage to the property of the population by a serviceman under the pretext of military necessity committed in the area of hostilities should be qualified under Article 433 of the Criminal Code of Ukraine. The author expresses the author’s position regarding the imperfect legal technique in formulating the provisions of Article 194 of the Criminal Code of Ukraine in terms of determining the qualifying features of the crime of intentional damage or destruction of property. In this regard, the article provides arguments based on the study of case law relating to intentional damage or destruction of property. The author proposes to amend the current Article 194 of the Criminal Code of Ukraine, namely, in order to make intentional destruction or damage to property in a generally dangerous manner without appropriate dimensions a ground for bringing a person to criminal liability, this qualifying feature should be allocated to a separate part 2 of Article 194 of the Criminal Code of Ukraine.

ON STRENGTHENING CRIMINAL LIABILITY FOR SEXUAL CRIMES COMMITTED BY CLOSE VICTIMS

The article is devoted to the study of the question of the possibility of the influence of the nature of therelationship between the perpetrator and the victim on the differentiation of criminal liability for sexualcrimes. With references to foreign experience, it is proved that the commission of such crimes by personswho are in a relationship with the victims, involving trust, recognition of authority, security assurance, is afactor that significantly increases the degree of public danger of these crimes. It is proposed to supplementarticles 131, 132, 134 and 135 of the Criminal Code of the Russian Federation with such a qualifyingcircumstance as their commission by a person who is close to the victim, or lives together with the victim,or who is responsible for treatment, education or training. The substantiation of the differences betweenthe wording proposed for the Russian Criminal Code of the Russian Federation and those used by foreignlegislators is given. In each of the elements of crimes, the place of this qualifying feature is determined. It isproved that taking into account in such cases only the aggravating circumstance in the Criminal Code of theRussian Federation will not ensure an increase in liability to the required level.

Internet service providers as subjects of prevention of sexual crime on the Internet

The subject of the article is the provisions of the legislation of the Russian Federation aimed at ensuring the sexual inviolability of a minor.The object of the research is the relations connected with ensuring the sexual inviolability of minors.The Internet serves as an additional tool that facilitates access to minors, their social pages, the impact on the psyche of minors, and the involvement of children in destructive groups. However, not all articles establishing criminal liability for violation of the sexual inviolability of children contain a qualifying feature - this is the use of the Network in the implementation of such activities. Thus, Art. 135 of the Criminal Code of the Russian Federation, which establishes criminal liability for committing indecent acts against minors, does not contain a qualifying feature - the commission of a crime through the use of the Internet.The organization of Internet relations on the Web is carried out by various Internet providers, whose activities are connected both with organizing the communications of network users and with ensuring the circulation of information on the Internet. Based on these theses, the article provides answers to such questions as can acts were committed with the help of Internet technologies to be qualified under Art. 135 of the Criminal Code of the Russian Federation, is the use of Internet technologies by ISPs effective as a tool to combat crimes against the sexual integrity of minors carried out using the Web, and what legal and technical instruments will ensure the sexual integrity of children?The study showed that the norms of the Criminal Law aimed at preventing crimes related to the sexual inviolability of minors are also applicable to acts committed using the Internet. In accordance with the legislation of the Russian Federation, violence can take the form of physical or mental impact on a person, carried out through the Internet. Regarding the possibility of committing indecent acts on the Web, it can also be concluded that such acts can be recognized as depraved, despite the absence of direct physical contact with the body of the victim.States use various methods for determining the content, recognizing images distributed on the Web. The most commonly used technological tool is the information monitoring method. However, the obligation to use this method, both in Russia and in European countries, is not provided for all types of hosting providers.In connection with the analysis of Russian legislation, we can conclude that the possibilities of such hosting providers as the owners of audiovisual services and news aggregators in the field of information monitoring remained unused. Thus, the Federal Law “On Information, Information Technologies and Information Protection” does not contain requirements for the owners of audiovisual services and news aggregators to conduct mandatory monitoring of information distributed on Internet platforms.The use of content filtering technology cannot be considered a panacea, but its mandatory use by various hosting providers will reduce the likelihood of distributing prohibited information.The requirement for the owners of social networks to monitor content by their users, defined by the Federal Law “On Information, Information Technologies, and Information Protection”, is only the first step taken towards reducing the volume of prohibited content posted on the Web. However, the requirements for the use of image and text recognition technologies by Internet providers remained outside.The article used the methods and techniques of formal logic - this is analysis and synthesis, analogy, comparison, hypothesis, proof in order to determine assumptions and find answers to the questions posed in the article.The study and comparative analysis of the practice of ensuring the safety of children from information posted on the Web, reflected in foreign studies, demonstrating possible solutions, made it possible to compare Russian experience with the experience of foreign colleagues and draw conclusions about approaches to solving the problems.The methods of forecasting and modeling are used for formulating possible ways to develop regulation and eliminate gaps in Russian legislation.

Criminal liability for the sale of narcotic drugs or psychotropic substances using electronic or information and telecommunication networks

Subject of research: the norms of the Russian criminal law regulating responsibility for the sale of narcotic drugs, psychotropic substances and their analogues using mass media or electronic or information and telecommunication networks (including the Internet), as well as the practice of their application and scientific works in this field.
 Purpose of research: to develop scientifically sound proposals for improving the legislative regulation of the qualifying attribute provided for in paragraph b of Part 2 of Article 228.1 of the Criminal Code of the Russian Federation, and the practice of its application.
 Methods and objects of research: the methodological basis of the research is formed by the universal dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis and modeling. The object of the study is the social relations that develop regarding the criminal law regulation and application of the norms on liability for the sale of narcotic drugs, psychotropic substances and their analogues using mass media or electronic or information and telecommunication networks (including the Internet).
 Main results of research: author comes to the conclusion that it is impossible to commit actions that constitute the sale of narcotic drugs, psychotropic substances or their analogues exclusively using information and telecommunication networks. The key factors influencing the increase in the public danger of the sale of narcotic drugs, psychotropic substances and their analogues are identified, to which the author refers: the use of information and telecommunication networks for the transmission of information (communication) during marketing, as well as the preservation of the confidentiality of communication (anonymity or the use of pseudonyms). The author proposes to abandon the use of the term electronic networks and to change the wording of the qualifying feature under consideration.

Validity of reasons for the plaintiff’s default at trial as a qualifying feature of leaving the statement of claim without consideration: de lege lata i de lege ferenda

The features of leaving the statement of claim without consideration in connection with the repeated plaintiff’s default as the nature of the reasons for his/her absence at trial are investigated. In particular, the degree of influence of their validity on the exercise of court powers to terminate proceedings without a court decision on the merits of civil claims is studied. Attention is paid to the necessity and expediency of taking into account the valid reasons for non-appearance of the plaintiff and (or) his/her representative in determining the legal consequences of his/her default at trial. In particular, applying to the institution of leaving the statement of claim without consideration, on the grounds provided for in paragraph 3 of Part 1 of Art. 257 of the Civil Procedure of Ukraine, which will ensure the balance of interests of the plaintiff and the defendant in the proceedings: the plaintiff will be guaranteed the possibility of practical exercise of his/her right to a fair trial, and the defendant will be protected from excessive delay of the case.The provision that the validity of reasons for the plaintiff's default at trial should remain an evaluative category is substantiated. It is decided by the court in each case separately, taking into account a combination of such factors as 1) the nature of the circumstances preventing the plaintiff's appearance at trial; 2) the proof of their existence by appropriate and admissible evidence; 3) the degree of influence of these circumstances on the impossibility of the plaintiff's appearance at trial; 4) the impossibility of using other alternates (regimes) of participation at trial; 5) the preliminary behavior of the plaintiff and (or) his/her representative in the case, the complexity of the case, the quantitative characteristics of the court hearings in the case, the total duration of the civil proceedings, etc. If the court, taking into account the above-mentioned criteria, finds such a circumstance to be unreasonable for the plaintiff's default at trial, the court should argue the reasons for such a decision on each of these criteria, which would ensure the objectivity and validity of the court interpretation of such a legal construction as "the validity of the reasons for default at trial".

On the Quality of Criminal Law Regulation of Liability for Extremism and Ideological Extremism

Although the legal acts of recent years often use the concept of «ideological extremism», none of them contain its definition. The author attempts to describe its contents by analyzing both Russian and international legislation on counteracting extremism. It is concluded that the definition of extremism is in fact lacking in the Russian legislation, and the following definition is formulated: extremism is the ideology and practice of illegal influence on the bodies of power and citizens motivated by national (ethnic), religious, racial and (or) political hatred. Correspondingly, it is suggested that ideological extremism should be understood as extremism in ideology, i.e. a system of ideas based on hatred or animosity. Since religion is immediately related to the ideology of believers by forming it, it is proven that the most dangerous type of ideological extremism is religious extremism. In order to improve the quality of criminal law regulation of liability for extremism (ideological extremism) it is suggested that the concepts «extremism» and «extremist activities» should be delineated in legislation (they are used as synonyms today), as is the case with independently used concepts «terrorism» and «terrorist activities». In doing so, the extremist activities encompassing crimes named «crimes of extremist orientation» in the Criminal Code of the Russian Federation (note 2 to Art. 282.1) should be declared as criminally prosecuted. Besides, it makes sense to pay attention to the experience of the Convention on Combating Extremism that uses the concept «extremist act» alongside the concept of «extremism». Obviously, Art. 280, 282.3 of the Criminal Code of the Russian Federation should have provided liability, for example, not for public calls to extremist activities (extremism) or its financing, but for public calls to carry out an extremist act or for its financing. Lawmakers and law enforcement should also pay attention to the continuous growth and obvious prevalence of the motives of hatred and (or) animosity in crimes of extremist orientation (crimes of extremist character). The author supports the criminological feasibility of giving these motives the significance of an independent qualifying feature in some violent crimes, primarily, a terrorist act (Art. 205 of the Criminal Code of the Russian Federation).

Non-Authentic Property Declaring as a Qualifying Feature of a Corruption Offense: The Experience of Eu Countries

Declaring property is a method of fighting and preventing corruption. Making it mandatory to provide information about the property causes a number of problems that are related to the inaccuracy of the declaration information. European Union (EU) countries have different approaches to providing information and property information. Significant differences in the requirements for declaring income and assets were revealed. It was done on the basis of the data analysis. The systems of declaration and verification of information on the property of Central and Eastern European (CEE) countries were studied in this work. The difference in the procedures of verification of authenticity and establishment of responsibility in case of detection of violation is determined. It is determined that smaller sanctions have been imposed in the countries of Central and Eastern Europe with a higher level of corruption. Sanctions mainly relate to the imposition of fines. In Greece, penalties for administrative fines vary considerably in the number of fines and, in some cases, it might be imprisonment for up to 10 years. The system of verification of declarations also varies significantly within Central and Eastern Europe: from verification of declarations, in particular randomly or automatically, the usage of risk assessment methodology for inaccurate information of the declarant to the notification of unjustified amount of property. It is determined that the inspection takes place as a result of bringing a person to justice in 6 countries.