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Реформа уголовного законодательства в России: "За" или "Против"

Author(s): Alexander Korobeev / Language(s): Russian Publication Year: 0

The article examines the problems, dangers and challenges facing Russian criminal policy in contemporary Russia. The paper analyses the positive and negative aspects of the reform of criminal legislation with the adoption of Criminal Code of the Russian Federation (1996). It concludes that this code cannot be regarded as the "pinnacle of legislative perfection", but it undoubtedly represents a serious achievement of domestic criminal law and criminal policy thought.

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Нови решения в пеналната и пенитенциарната област

Author(s): Zdravko Traykov / Language(s): Bulgarian Publication Year: 0

The article analyses the amendments of Bulgarian Criminal Code and of the Law on Execution of Punishments made in 2002 and 2004. The new solutions are mentioned and the most radical amendments - the introduction of the punishment "probation" - is analysed. The new solutions in the penitentiary field are pointed out.

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Назначение наказания: проблемы реформирования

Author(s): Aleksey Ivanovich Rarog / Language(s): Russian Publication Year: 0

The article discusses positive and negative sides of judicial discretion. It emphasizes the need that the limits of judicial discretion in sentencing should be narrowed by formalizing mitigating and aggravating circumstances, which would contribute to the uniformity of criminal sentencing practice. It is emphasised that a reasonable compromise between the formal certainty of the Act and the evaluative activity of the court must be found in law enforcement.

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Коментар и предложения върху някои медико-биологични признаци на телесните повреди по наказателния кодекс на Република България

Author(s): Ivan Doychinov,Svetozar Spasov,Todor Dobrev / Language(s): Bulgarian Publication Year: 0

The subject of the article is the forensic examination with the main task of determining the type and nature of the injury caused. It analyses several medico-biological signs of bodily injuries under the Criminal Code of the Republic of Bulgaria, which are defined and interpreted differently in forensic practice and create not only an expert but also a judicial problem in specific cases.

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Организация на съдебномедицинската експертиза в Република България преди приемането ни в Европейския съюз

Author(s): Ivan Doychinov,Svetozar Spasov,Todor Dobrev / Language(s): Bulgarian Publication Year: 0

The article examines the organizational status of forensic expertise in the Republic of Bulgaria as extremely important in the process of administration of justice. The problems in the current legal framework are commented. Specific proposals and conclusions are put forward in order to achieve high quality and correctness of the expert activity in the Republic of Bulgaria and to bring it in line with the criteria used in the countries of the European Union.

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Уголовная политика: послереформенные проблемы правоприменительной практики

Author(s): Tatiana Klenova / Language(s): Russian Publication Year: 0

The subject of the article is criminal policy in contemporary Russia, which questions democratic achievements in the field of criminal justice. Traditionally controversial issues of the scope and content of criminal policy, the determination of the strategy and tactics of criminal policy are analysed. The incorrectness of the terminological distinction between criminal policy and criminal-law policy is noted. Emphasis is laid on the fact that criminal policy is always lawful as it is based on law. A proposal is put forward to correct criminal policy not through legislation but through the law enforcement form of its implementation. In the context of instability and imperfection of legislation, a special mission is assigned to the judiciary.

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За явлението „случайност” и случайното деяние според наказателното право

Author(s): Valentin Kirilov / Language(s): Bulgarian Publication Year: 0

The subject of this article is the definition of the accidental nature in a criminal law sense. The nature and content of the phenomenon of accident, which served for the construction of one of the traditional institutes of the Bulgarian criminal law - that of the accidental act, regulated in Article 15 of the Criminal Code (CC), are analysed. The aim of the examined issue is to bring more clarity in the knowledge of this small but essential detail of the matter of criminal law guilt. In criminal law, the accident should be treated of only in the context of guilt.

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Насилствените престъпления, техните извършители и тяхната наказателноправна интерпретация

Author(s): Yordanka Gancheva / Language(s): Bulgarian Publication Year: 0

The article presents the criminological category of violent crime, which has its socio-legal characteristic. According to their criminal-law definition, violent crimes are murder, bodily injury, rape and robbery. Different issues of these types of offences have been studied concerning the characteristics of their perpetrators, their criminal regulation and prevention of the factors that cause their existence. On this basis should be developed a concept of effective prevention.

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Нови положения относно освобождаването на непълнолетни лица от наказателна отговорност

Author(s): Yuliana Kovacheva / Language(s): Bulgarian Publication Year: 0

The article is devoted to the amendments to Article 78a of the Criminal Code, which preserves the traditional prerequisites for exemption from criminal liability by imposing an administrative punishment and the possibility of applying this institution to minors. This means that in addition to the only form of release of minors from criminal liability under Article 66 of the Criminal Code - the imposition of educational measures by the court or by the local commission for combating antisocial behaviour of minors, a second form of release is introduced - the imposition of an administrative punishment. In practice, this raises the unresolved question of how the law enforcement authorities should proceed when the prerequisites for both types of release are present at the same time. Objections of principle and substance have been raised against the change in the Criminal Code. Following a comparative legal analysis of the two types of exemption from criminal liability for minors, the author doubts the effectiveness of the new provisions introduced in article 78 of the Criminal Code.

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Промените в наказателното законодателство – отражение върху превенцията на престъпността и доказването на престъпленията

Author(s): Vasil Yanarliev,Yulia Boyadzhieva / Language(s): Bulgarian Publication Year: 0

Changes in criminal legislation are presented, which have a significant impact on the preventive activities carried out by the pre-trial and judicial authorities, on criminology and criminological research. The paper analyses the new legal situation related to the limitation of the magistrates' powers in terms of the possibilities for carrying out preventive work and to the exclusion of criminogenic factors from the subject of evidence, which will have a negative impact not only on the socially necessary prevention of the judicial authorities, but also on the effectiveness of the overall criminal process. The necessity to revise the current criminal procedure legislation, on the one hand, and to synchronise it with the operational-investigative legislation, on the other hand, is underlined.

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Вклад Юридического факультета Московского университета в развитии уголовного права

Author(s): Vladimir Sergeevich Komissarov / Language(s): Russian Publication Year: 0

The article provides a historical overview of the establishment of the Faculty of Law at the Moscow University and the relevant law departments. The works of prominent Russian professors who influenced the construction of criminal law policy, including fundamental criminal law principles and institutes, are reviewed.

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Уголовно-правовые средства превенции преступлений

Author(s): Yuriy Baulin / Language(s): Russian Publication Year: 0

The article focuses on general crime prevention, the purpose of which would be achieved by building a system of appropriate measures by state authorities and non-governmental organizations. It is known that the main factor in preventing crime is the state of the spiritual sphere of society, as well as the implementation of various political, economic, organizational, legal, technical and other measures that in one way or another affect the consciousness and authorities, deterring them from committing crimes.

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Анализ на смъртните случаи на територията на гр. Пловдив и областта за периода 2000-2004 г.

Author(s): Ivan Doychinov,Svetozar Spasov,Todor Dobrev,Ivan Daskalov / Language(s): Bulgarian Publication Year: 0

The study was carried out by analyzing the protocols for forensic examinations at the Department of Forensic Medicine of the Medical University - Plovdiv, for the period 2000 - 2004. 3251 acts for autopsies of corpses were examined at the Department of Forensic Medicine of the Medical University of Plovdiv. In this quantity, the cases of violent death within the Plovdiv region, which are 1383, are distinguished and analyzed in detail. The analysis of mortality in the sense of distinguishing and studying violent deaths and accidents against the background of the total number of corpses examined, and against the background of the total mortality rate for the country and the district, is substantial. It could be the basis of preventive and purposeful work towards achieving certain goals depending on the results obtained.

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Социални и съдебномедицински аспекти на убийствата в Пловдивска област за периода 2000-2004

Author(s): Ivan Doychinov,Svetozar Spasov,Ivan Daskalov,Todor Dobrev / Language(s): Bulgarian Publication Year: 0

The study aims to establish and analyze the dynamics, the structure of various indicators in social and forensic aspect, the mortality rate as a result of murders in the Plovdiv region for the period 2000 - 2004. In this quantity, the cases of intentionally caused death within the Plovdiv region are distinguished and analyzed in detail. Child murders were not included in the cases studied.

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Системность уголовного права как средство борьбы с престпупностью

Author(s): Aleksey Ivanovich Rarog / Language(s): Russian Publication Year: 0

The article draws attention to the relationship of criminal law with other branches of national law, as well as to the interaction with international criminal. On the one hand, it is emphasized that criminal law relations are also regulated by the laws of another branch (constitutional, civil, administrative, economic, budgetary and other legislation), as well as through the use of general injunctions. On the other hand, the interaction between criminal law and international criminal law is carried out, firstly, by expanding the list of offences in national criminal codes at the expense of rules of international law origin, and secondly, by clarifying the rules of national criminal law and bringing them into line with the rules of international criminal law.

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Женска престъпност - състояние, групи в криминогенен риск, превенция

Author(s): Nina Belova / Language(s): Bulgarian Publication Year: 0

The article aims to track the state and trends of criminal activity carried out by women, as well as the severity of the problems it raises. From the analysis made, the groups of women most at risk of criminalization and the most frequently committed types of crimes can be rightly identified. This, in turn, requires building a comprehensive and long-term strategy to counteract and, in particular, prevent, on the basis of which systematic and hard work is done to curb crimes committed by women.

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Проблеми на социалната система за превенция на престъпността

Author(s): Petya Shopova / Language(s): Bulgarian Publication Year: 0

The article draws attention to the fact that with an increase in crime in Bulgaria in the period 1990 – 2000, the need to implement a serious criminological policy of the state is determined, which also includes the crime prevention policy. Prevention, understood as an activity of the state, non-governmental organizations and citizens in the implementation of a system of measures of economic, social, legal, religious and other nature to eliminate and limit the causes of crime.

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Информационно обезпечаване на превантивната дейност

Author(s): Yulia Boyadzhieva / Language(s): Bulgarian Publication Year: 0

This presentation covers some aspects of crime information security, which provides police crime statistics as the main source of data on crime in the country and the need for this information base for optimal and effective organization of various preventive measures in relation to crime. Police statistics shall be given special attention as an instrument for managing and shaping a common security and anti-crime policy within the European Union. The analysis of the processes in different countries, to collect the necessary information to present crime, to explain its level and changes, to point to the possible causes of crimes, so that it is possible to carry out effective prevention and control over it.

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Влияние законотворческого процесса в области уголовного права на предупреждение преступлений

Author(s): Vladimir Sergeevich Komissarov / Language(s): Russian Publication Year: 0

The presentation examines the preventive possibilities of criminal law and the impact of the law-making process on increasing the level of the preventive function of the Criminal Code. It is recognized that in any legal system the criminal code (criminal law) has the functions of a public law institution designed to protect the interests of the whole society. It is pointed out that the effectiveness and the level of deterrent preventive influence on the mass legal consciousness largely depends on a rational solution to the question of the limits of criminal law intervention by the state.

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Превенцията на престъпността като вид държавна политика

Author(s): Yordan Aydarov / Language(s): Bulgarian Publication Year: 0

The article focuses on prevention as a major direction in the fight against crime in the conditions of transition, as an important social activity and proposes its transformation into an effective practical state policy with a main direction to counteract crimes. The exhibition also sets out specific means to achieve this goal, namely: building coordination and functional units with clearly defined preventive functions for social crime prevention. Development and adoption by the legislator of a long-term criminological program to counteract crime; unloading the criminal legislation from its excessive penalization; expanding the preventive functions of police and pre-trial authorities; formation through the media of public intolerance to all manifestations of crime.

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