bluuebunny/crossref_metadata_2025 huggingface dataset:
Song folklore of the resettlement tradition of the Udmurts of the Krasnoyarsk region
Authors:   Udmurt Institute of History, Language and Literature of the UdmFIC UB RAS, Pchelovodova I. V. , Anisimov N. V. ,   Udmurt Institute of History, Language and Literature of the UdmFIC UB RAS;  Institute of Philology SB RAS Novosibirsk;Estonian Literary Museum, Sofronova E. A. ,   Institute of Philology SB RAS
Published: December 2021

This paper analyzes the musical and song resettlement tradition of the Krasnoyarsk Udmurts and compares it with the indigenous tradition of the Udmurts living in the Igrinsky and Alnashsky districts of the Udmurt Republic. The resettlement of the Udmurts to Siberia pro-ceeded in two ways: voluntarily – during the Stolypin agrarian reform (1910–1912) and forci-bly – during dekulakization (the 1930s). Krasnoyarsk Krai thus became a second homeland to most settlers. Three expeditions were conducted to the Krasnoyarsk Udmurts: in 1974, 1991, and 2020. This study compared sound recordings of the first and last expeditions. It has been revealed that the musical and song tradition of the Krasnoyarsk Udmurts still preserves a dis-tinction between southern and northern Udmurt traditions. However, the data of the last expe-dition demonstrates the predominance of the Northern Udmurt tradition. A detailed analysis of ritual and non-ritual songs has shown that settlers remain committed to their indigenous tradition in regard to poetic and musical-stylistic features of genre groups. A characteristic feature of the Siberian Udmurt song tradition is found to be the motif of longing for the for-mer homeland, which is most clearly expressed in the poetic texts recorded during the first expedition. In contrast to the indigenous tradition, the Siberian Udmurt song tradition has an entirely different repertoire. The characteristic feature of the resettlement tradition is that it comprises songs borrowed from neighboring ethnic groups, such as Russians, Ukrainians, and Belarusians. To conclude, remoteness from the original tradition and neighborhood with other ethnic groups contributed to the loss of Udmurt language and culture, although the Krasno-yarsk Udmurts still recognize themselves as Udmurts.
“Vyatskie – rebyata khvatskie… (The brave young men of Vyatka region)” (Irtysh Land folklore texts about the “Vyatskie”)
Authors:   Omsk State Pedagogical University (Omsk, Russian Federation), Kozlova N. K.
Published: December 2021

In the “patchwork” resettlement space of Siberia, including the Omsk Irtysh Land, a group of immigrants from Vyatka province and their descendants is especially distinguished among the Russians. “The Vyatskie” settled in separate communities, mainly in the northern regions of the Omsk region. In the second half of the 20th century, in Siberian conditions, the Vyatskie mostly lost the peculiarities of their dialect and way of life. This paper considers one “peculiarity” of their folklore heritage. These are sayings, anecdotes, and household tales about the extreme foolishness of the Vyatskie. The texts under study were conditionally di-vided into 4 groups: sayings expressed in one word or phrase that reflect the specific features of life and speech of the Vyatskie; sayings close in the genre to proverbs and adages; sayings retelling some plotless anecdotal situation; anecdotes and household tales. Each text is com-pared with the data of the ethnographic and historical-cultural essay of D. K. Zelenin, “Folk Sayings and Anecdotes about Russian People of the Vyatka Region.” The analysis led to the conclusion that the folklore texts about the foolishness of the Vyatskie were brought to Sibe-ria by immigrants from Vyatka province. A comparative analysis allowed compiling an index of anecdotal stories about the Vyatskie, with a color designation showing the plots found by the author only in the article referred to or only in the materials of the Omsk archives and in-dicating the common plots. Not only does the index reveal the pattern of existence of the aforementioned folklore texts of Irtysh Land but is expected to become a kind of “question-naire” for further fieldwork aimed at studying the folklore heritage of this group of Siberian immigrants.
Mystery in the poetics of romantic tragedy genre (“The Spaniards” by Mikhail Lermontov)
Authors:   Novosibirsk State Technical University (Novosibirsk, Russian Federation), Golovenkina E. V.
Published: December 2021

This paper focuses on the role of the poetics of mystery in the formation of the romantic trag-edy genre. “The Spaniards” by Mikhail Lermontov is considered as a characteristic example of this genre, manifesting “melodramatization” of tragedy and tendency towards genre-generic synthesis. The action of “The Spaniards” is based on events related to the sphere of the mysterious, which are exceptional in life and common in melodrama. Central to the plot is the motif of the loss of a child. The secret of Fernando’s birth and “ignobility” form the con-flict and organize two storylines (love and family) and two (everyday life – melodramatic, and existential – tragic) levels of conflict. Mystery also plays an important role in revealing the inner world and expressing the romantic ideal of the hero. The ability to comprehend the mysterious, to pass beyond human experience and logic is not only the motivation of his ac-tions, but it also connects the hero with the ideal sphere. The study examines how the charac-ters’ anticipation of the “terrible” motivates their moral choices. Analyzing the interaction of lyrical motifs, the author suggests the motif of mystery as important for implementing the main (tragic) conflict, unlike melodrama, where the functions of mystery are plot-forming, stimulating the spectator’s interest and maximizing the dramatic tension. Mystery in the plot and the lyrical concept of the tragedy contributes to the understanding of the essence of the romantic conflict, has a suggestive impact on the audience, and deepens the psychologism.
The cycle of feuilletons “Siberian Museum” of the “Conservator” (F. V. Volkhovsky) in the “Sibirskaya gazeta” (1884–1885)
Authors:   Tomsk State University (Tomsk, Russian Federation), Mazurov A. E.
Published: December 2021

Feuilleton occupied an important place in the system of genres of the pre-revolutionary press. The genre allowed the publishers to openly express their position, criticize the phenomena of social life, and point out the existing problems of society. Feuilletons were often signed with pseudonyms, and some authors transformed pseudonyms into full-fledged “literary masks” that proved to be an important part of the poetics of feuilletons and literary play. Feuilletons were incredibly influential in the provincial press due to its more difficult censorship position than the capital. The leading newspaper of Siberia in 1881–1888 was the Tomsk “Sibir- skaya gazeta” that fully revealed the feuilleton talent of the exiled populist and poet F. V. Volkhovsky. The purpose of the study was to identify the content and structural features of the cycle of feuilletons “Siberian Museum” by F. V. Volkhovsky, signed by his pseudonym “Conservator.” The cycle was published in 1884–1885 and comprised 14 works. The “Siberi-an Museum” turned out to be one of the most conceptual feuilleton cycles by Volkhovsky. The idea of “collecting museum exhibits” became a kind of “frame” for designing the feuille-ton content, expanding the author’s capabilities in implementing the installation of “satire on faces,” and it is here that one can see a direct parallel with the satire of N. I. Novikov. “Con-servator” was the first “literary mask” of Volkhovsky, the closest to the author himself with his democratic position. However, this allowed Volkhovsky to expand the problem-thematic framework of feuilletons and to test new satire methods that were in demand among the read-er of Siberian periodicals.
Chronotope of Siberia in the materials of the magazine “Nastoyashchee” (1928–1930)
Authors:   Institute of Philology of the Siberian Branch of the Russian Academy of Sciences  (Novosibirsk, Russian Federation), Vasilyev S. S.
Published: December 2021

The paper deals with the Novosibirsk magazine “Nastoyashchee” (The Present) (1928–1930). “Nastoyashchee” was oriented to the “fact literature”: the theory of new revolutionary literature developed by the LEF (Left Art Front) group, which emphasized the importance of the reflection of the truth of life. Hence, the importance of journalism increases, with feuilleton and essay becoming the most important genres. Such an attitude to the fact literature orients materials of the magazine to the local context understood rather broadly – as the context of Siberia and even the entire Asian part of the USSR. This understanding is considered on the example of all types of magazine materials: prose, poetry, folklore, illustrations, photography. It should be noted that the magazine’s attitude to the poetry was ambivalent: not only did it publish the poetry but also the articles with requests to stop writing poetry. Most significant was the literature of a quick response conforming to the current tasks of the proletariat. It is for this reason that most of the materials related to the fact literature had no ethnographic component, and the local was interesting not as exotic, but as correlating with USSR political context (the link between the city and the countryside, the organization of communes, the fight against the kulaks). The decisive role in writing is found to be inevitably assigned to sorting out the necessary facts illuminating life from the authors’ side of interest, making “Nastoyashchee” similar to the LEF group with their selecting and editing “facts-friends” and criticism of “facts-enemies.”
Thematic composition of the emigrant autobiographical novel: “Life of Arseniev” by Ivan Bunin
Authors:   Institute of Philology of the Siberian Branch of the Russian Academy of Sciences  (Novosibirsk, Russian Federation), Kapinos E. V.
Published: December 2021

The paper provides the analysis of the original, four-book edition of the novel “Life of Arseniev” by I. Bunin. The thematic rhythm of Bunin’s novel is subject, as often is the rhythm of his stories, to elegiac laws with alternating and contrasting semantics of death, failure, and rebirth, love, life, and creativity. The first four books of the novel were separated from the full, five-book variant by a pause. The last (fifth) book of the novel has a different plot compared to the first four ones, can be read independently, and changes the rhythm and the composition of the text, if added to the other four parts. The novel’s composition formula is thus 4 + 1. Particular attention is paid to the finales of all four books offering the most strik-ing examples of harmony of all thematic lines. Spring and south motifs are considered pre-dominant in the novel. The finales of the second, third, fourth, and fifth books are marked with spring, with the descriptions of the final springs being quite a contrarian: deaths and losses are inseparable from the dawn, abundance of life, youth. The four-book edition has its own finale that is also contrarian: open and closed at the same time. Arseniev’s meeting Lika, leaving home, adapting to new spaces, even foreign lands (the first edition includes fragments from the life in emigration) all give a broad perspective to the text while, at the same time, the ruin of the estate, the death of relatives and Grand Dukes predetermine the tragic final point of the story.
Intrigue of word in I. Bunin and V. Nabokov’s short stories (“Light Breathing” / “Torpid Smoke”)
Authors:   Novosibirsk State Pedagogical University, Zhilicheva G. A. ,   Russian State University for the Humanities
Published: December 2021

The paper discusses the category of narrative intrigue in the stories of I. Bunin and V. Nabo-kov. Theoretical and historical aspects of the term “intrigue” and its place in Russian and Western practice are reviewed. Following the concepts by Paul Ricoer, Raphaël Baroni,and Valerij Tjupa, intrigue is defined as a receptive aspect of the plot combining referential and communicative levels of narration. The analysis of interactions between the “intrigue of action” and the “intrigue of the word” allows establishing several consistent patterns in the composition of two narrative fields – that of event and that of discourse. In Bunin’s “Light Breathing,” the repetition of the word “dykhanie” (breath) and its variants changes the story of Olya’s life into a story of “vdokhnovenie” (inspiration). The second layer of the story is formed by anagrams and arranged sequences of sound and structure, enhancing the reader’s artistic impression. In Nabokov’s “Torpid Smoke,” the narration becomes multi-layered due to its metapoetical qualities, including the correlation of the poetic intention and the metaphor of “legkosti/tyazhesti” (lightness/heaviness). The “crisis event” (constitutive for the genre of short story) is transformed into the event of text-making. In addition to Bunin’s concept of “legkogo dykhaniya” (light breathing), the story’s “intrigue of the word” also includes the reflection on Nabokov’s signature concepts (references to L’Inconnue de la Seine and The Defence). Moreover, the narrator unites the protagonist and the lyrical persona, interchanging the first- and third-person pronouns.
Implementation of Alternative Sentences in the International Standards of the 21st Century
Authors:   Tomsk State University (Tomsk, Russian Federation), Agabekyan Alla L.
Published: December 2021

The article analyzes the provisions of international standards, namely the Recommendation of the Committee of Ministers on the Council of Europe Probation Rules of 2010 and the European Rules on Community Sanctions and Measures of 2017. The author examines the problems of differentiation and individualization of sentences and analyzes the provisions of international standards on nondiscrimination in the implementation of sanctions. Many factors of non-discrimination that are new to international standards (physical disabilities, ethnic origin, sexual orientation) can cause disputes in terms of the applicability of alternative sentences. Discussing the offender’s “consent” and the prospects for its use, taking into account the right of such an offender to appeal against the decisions and actions of probation officers, the author focuses on the activities of the implementation bodies, including work with victims, prevention of relapse, restorative justice, which is preferred nowadays in the foreign studies, and work with the convict’s family to develop a classification of powers depending on the action and scope of assistance to the offender. Having analyzed the positive and negative legal consequences of the convict’s non-fulfillment or improper fulfillment of the duties or conditions imposed by the competent authority, the author argues that the regulation of a conflict is possible in three ways: by sorting it out urgently at one’s own discretion, through administrative proceedings and in court, with the choice depending on the type of violation. The key aspect of alternative sentences is the effectiveness of their implementation. The article provides a list of such criteria, of which the relapse rate is considered an important one, and discusses the main problems of the “community” sanctions and measures faced by the implementation bodies. It is stated that the development of international standards of alternative sanctions has elaborated the procedure for their implementation, both by complementing the previously existing provisions and by including new ones.
Conditions for the Application of Alternative Methods of Resolving Criminal Conflicts to Protect Public Interests
Authors:   Supreme Court of the Republic of Tatarstan (Kazan, Russian Federation), Kaminsky Eduard S.
Published: December 2021

Public interests in criminal proceedings can be served not only through the perpetrator’s conviction, but also through alternative measures for resolving criminal conflicts. Their expediency is due, inter alia, to the fact that they are aimed at minimizing criminal repression in situations when society is not interested in the conviction and punishment of the offender who made amends for the damage caused. Such measures significantly rationalize the procedural resources used in this case, expedite criminal proceedings, and prevent the perpetrator’s stigmatization. Alternative methods can be used due to a set of conditions related to the committed act: offender’s personality and behavior, procedural expediency and organization of criminal prosecution, rationalization, acceleration, and consent of the parties and society.
On the Prosecutor’s Functions in Criminal Proceedings
Authors:   Bryansk State University (Bryansk, Russian Federation), Kuksa Pavel A.
Published: December 2021

The prosecutor’s legal status is detailed in the Russian law of criminal procedure and is actively discussed by various scholars. The prosecutor is the procedural figure who is called upon to ensure the legality, validity and motivation of the procedural actions and decisions in the case. Supervision in pre-trial proceedings, as in any other sphere, is the prosecutor’s primary function. The multifaceted nature of the prosecutor’s activities extends not only to pre-trial proceedings, but also to the entire criminal process. We believe the prosecutor’s supervision to be the primary and most important function.
Topical Issues of Interaction Between Services and Departments of Internal Affairs Bodies in the Investigation of Fraud Committed Using Information and Telecommunication Technologies
Authors:   Krasnodar University of the Ministry of Internal Affairs of the Russian Federation (Krasnodar, Russian Federation), Khanineva Olga V.
Published: December 2021

In the article, the author analyzes the growing problem of fraud committed using communications and the Internet in Russia and describes the interaction between the investigative and operational units of the Internal Affairs Departments of the Russian Federation aimed at detection, disclosure and investigation of this type of crimes. The author proposes certain quality improvements in the interaction between the units concerned to fight against crime, including electronic document flow with various organizations and institutions, as well as commission consideration of criminal cases in order to develop effective measures to combat fraud.
Bail as a Preventive Measure: Some Problems and Ways to Improve Effectiveness
Authors:   East Siberian Institute of the Ministry of Internal Affairs of Russia (Irkutsk, Russian Federation), Tsyretorov Aleksey I. , Anisimov Andrey G. ,   Irkutsk Institute (branch) of The All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Published: December 2021

The bail serves to reduce the likelihood of the situation when the suspect or the accused flees from inquiry, preliminary investigation or trial, continues the criminal activity; threatens a witness and (or) other participants in criminal proceedings, destroys evidence, or otherwise obstructs a criminal case proceedings. Drawing on the structure of crimes committed in Russia, with more than half being property crimes such as theft and fraud, choosing bail as a preventive measure, if possible, seems to be a logical and apparently popular measure due to several circumstances. Most of the mercenary crimes are motivated by the illegal acquisition of property or money. Consequently, bail as a restraint measure affects the lucrative motivation of the suspect or the accused and is often adequate to the damage caused. A significant problem of social justice restoration in most criminal cases is the compensation for damage or harm, which in most cases is measured in monetary and property terms. In this case, the bail could become a real mechanism for compensation for such harm, because money or property in the case of bail is already available at the time of the trial and could be used to compensate for the harm caused. However, in reality, such compensation is not used. The conversion of bail to state revenue in case of violation by the accused or suspect of obligations related to the bail does not contribute to the solution of this problem.
Indemnity to a Victim for Harm in Case of Death of the Person Guilty of Crime and Termination of Criminal Proceedings
Authors:   Kemerovo State University (Kemerovo, Russian Federation), Shaina Maria A.
Published: December 2021

The article focuses on the problem of restoring the rights and freedoms of the affected people in case of death of the person guilty of committing a crime. The author discusses the variability of the rights of victims, depending on the stage of consideration of an application for a committed crime, and proposes options for amending the current legislation in terms of improving legal regulation of protecting the rights of victims by introducing a new institution of legal assistance to victims. According to the author, the current legal system is to be supplemented with the institution of free legal aid from professional participants in the legal services market and believes that it is necessary to develop a mechanism for appointing a legal adviser who would provide qualified legal assistance to victims, ensure the collection of necessary documents, draw up procedural documents, and accompany the case in the court. It is advisable to provide such legal assistance to victims at the expense of the federal budget with the subsequent appeal of claims for compensation for the costs incurred to the perpetrators.
Exercise of the Right of Citizens to Participate in the Administration of Justice: Possible Ways of Reforming in the Criminal Process
Authors:   Tomsk State University (Tomsk, Russian Federation), Yaselskaya Veronika V. , Grishchenko Alena V. ,   Tomsk State University (Tomsk, Russian Federation)
Published: December 2021

The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.
The Place and Role of a Pre-Trial Detention Center in the Counteraction to Illicit Trafficking in Narcotic Drugs and Psychotropic Substances
Authors:   Federal State Educational Institution of the Federal Penitentiary Service of Russia (Novokuznetsk, Russian Federation), Vitovskaya Evgeniya S.
Published: December 2021

The article analyzes the role of a pre-trial detention center as a subjects of anti-drug activity and a penal institution. The author uses the official data of the Federal Penitentiary Service of Russia to provide various indicators of illicit narcotics and psychotropic substance trafficking in penal institutions. She also relies on the results of a survey of penitentiary employees on the issue of increasing the detention center effectiveness in counteracting drug trafficking. Criminal-minded people (including those who were engaged in illegal drug trafficking) impinge upon the stability and controllability of the regime in pre-trial detention centers. The author examines the legal foundations and basic directions of countering the illicit trafficking of narcotic drugs and psychotropic substances in pre-trial detention centers and draws attention to the fact that the operational-search activity carried out in pre-trial detention centers is possible only with the obligatory participation of the operational officer. Among the conditions for the correct organization of interaction between the structural units in the pre-trial detention center, a special place belongs to the organizational and functional structure. Having analyzed the legal norms consolidating the methods and means of operational work, including the exchange of operatively significant information and the works about management in law enforcement agencies, the author concludes that it is necessary to combine the positions of deputy for operational work and deputy for regime to coordinate efforts aimed at countering drug trafficking in pre-trial detention centers. Despite the existing contradictions in the organizational and functional structure of the detention facility, the unity and mutual assistance of all structural units of the detention facility to counteract illicit trafficking in narcotic drugs and psychotropic substances requires the implementation of a unified state anti-drug strategy.
Some Problems of the Execution of a Court Decision on the Appointment of Compulsory Medical Measures
Authors:   Baikal State University (Irkutsk, Russian Federation), Zelenskaya Tatiana V. , Kazarina Marina I. ,   Baikal State University (Irkutsk, Russian Federation)
Published: December 2021

Compulsory measures of a medical nature are regulated by both criminal, procedural and penal legislation, though not to the full extent. In particular, many problems arise immediately after a court decision has been made in relation to a person who has committed a crime in a state of insanity, as well as on the appointment of these measures, and at the stage of a court decision execution. First of all, it is necessary to note the problem of the legal regime for the application of a preventive measure in the form of taking into and keeping in custody, as well as other procedural coercion measures when the decision on the appointment of compulsory medical measures to persons awaiting referral to a medical organization has been made. The application of compulsory procedural measures to the mentally ill seems unreasonable, bearing in mind the purposes of compulsory medical measures, non-counting the time of compulsory medical measures within the term of imprisonment, loss of the indictment period due to the termination of the criminal case. The application of procedural coercion by courts after the termination of a criminal case and appointment of compulsory medical measures against the persons waiting to be sent to a medical institution appear out of the objective need to control the behavior of such persons for a certain period. In this regard, there appears a problem of a time interval between a decision on the appointment of compulsory medical measures and the date when the person is delivered to the medical institution. It seems possible to solve this problem, if we eliminate the 5-day period when a copy of the court resolution is sent to the medical institution and make it possible for a medical institution to make a decision on accepting and treatment of the person in absentia. Another important problem is a competent authority to ensure the delivery of people for compulsory treatment. In practice, due to the incorrect application of the criminal procedure law, there is no clear idea of who should bring a person for compulsory treatment. Meanwhile, since compulsory medical measures are aimed at curing, improving the mental state of mentally ill people as well as preventing them from committing new crimes, health authorities seem to be the most suitable for this role. It seems possible to authorize the security service of psychiatric hospitals operating on the basis of the Federal Law “On ensuring the protection of psychiatric hospitals (hospitals) of a specialized type with intensive supervision” to deliver such persons to medical institutions, without involving criminal procedural forces and means, which seems to take into account the status and mental health of the persons as well as their rights and freedoms.
Main Directions of Prevention of Group Offenses among Juvenile Convicts in Young Offender Institutions
Authors:   Kuzbass Institute of the Federal Penitentiary Service of Russia (Novokuznetsk, Russian Federation), Karetnikov Konstantin V.
Published: December 2021

The federal legislation views the prevention of juvenile delinquency and antisocial actions as very significant, since an offense is understood as an administrative offense and a criminal offense, and antisocial actions include other offenses. This issue is topical for young offender institutions; however, the special category of detainees implies a special category of crimes and violations of the established order of serving the sentence (disciplinary responsibility of convicts). By the end of 2020, there were 949 people in 18 young offender institutions. According to the statistics, the convicts did not commit crimes, yet there were more than 545 other violations. In the current circumstances, it is necessary to improve the prevention of offenses by focusing on specific activities in penal institutions, including active use of non-contact supervision over the behavior of convicts (stationary video cameras, portable video recorders, biometric identification means, access control and management systems). The researchers and practitioners are discussing the possibility of using electronic monitoring systems to supervise the behavior of convicts. This will allow a better quality of supervision over the special contingent and more effective preventive activities in young offender institutions.
Legal Remedies of Prosecutor’s Supervision in Places of Forced Isolation from Society
Authors:   Tomsk State University (Tomsk, Russian Federation), Voronin Oleg V.
Published: December 2021

The concept “legal remedies of prosecutor’s supervision” includes the powers of the prosecutor, acts of prosecutor’s supervision, as well as the procedure for their implementation, which is the methods of their application. The legal remedies of prosecutor’s supervision have a high degree of normative regulation and a more complex content of the main elements. Their implementation is regulated by both the Law on the Prosecutor’s Office and other specific laws. While superficially similar to the traditional remedies of prosecutor’s supervision, they are designed for immediate execution and serve as a form of implementation of the prosecutor’s powers, including the administrative ones. The prosecutor’s powers are understood as the totality of the rights and duties of the prosecutor granted to them by the Law on the Prosecutor’s Office and other federal laws for the implementation of the functions and for the achievement of the goals and objectives assigned to the prosecutor’s office. Traditionally, all powers of the prosecutor are divided into two main groups: general (exercised in all areas) and special (used in certain areas of prosecutor’s activities). Acts of the prosecutor’s response are documented law enforcement decisions of the prosecutor; they contain a legal assessment of the state of legality in each specific case, as well as the requirements of the prosecutor arising from their powers and aimed at ensuring the legal state of the supervised environment. From the acts of the prosecutor’s response, acts of prosecutor’s supervision are separately distinguished; they serve as a form of implementation of the exclusively supervisory function of the prosecutor’s office: protest, presentation and warning. Article 33 of the Law on the Prosecutor’s Office establishes that when exercising prosecutor’s supervision over the legality of compulsory isolation, the prosecutor makes protests and proposals, orders for release, and initiates proceedings on administrative offenses. If signs of a crime are found, the prosecutor sends the investigative jurisdiction materials to decide on the criminal prosecution of the perpetrators. The issuance of special acts of the prosecutor’s response when exercising supervision over the legality of forced isolation is provided for by the Code of Criminal Procedure of the Russian Federation, the Penal Code of the Russian Federation, and the Law on Detention. Special acts include the prosecutor’s resolutions on release from places of compulsory isolation, on exemption from serving illegally imposed disciplinary sanctions, consents and sanctions. In addition, within the framework of these activities, the prosecutor is also guided by the general provisions of the Law on the Prosecutor’s Office and has the right to issue other acts of prosecutor’s supervision and response if there are appropriate grounds.
Business Fraud and Other Kinds of Theft by Deception and Abuse of Confidence: Distinction Criteria
Authors:   Institute of Law, Economics and Finance of Kabardino-Balkarian State University (Nalchik, Russian Federation), Dzhinjolia Raul S. ,   MIREA-Russian Technological University (Moscow, Russian Federation),   All-Russian Public Organization “Business Russia” (Moscow, Russian Federation),   All-Russian Public Organization “Russian Professors’ Assembly” (Moscow, Russian Federation), Avdeeva Ekaterina V. ,   All-Russian Public Organization “Business Russia” (Moscow, Russian Federation); Law Office “MAGRAS” (Moscow, Russian Federation)
Published: December 2021

The article discusses the problem of differentiation of types of fraud in the criminal code both as the main corpus delicti and special types of fraud. The study aims at improving the practice of application and criminal legal qualifications. In the course of the study, the authors have identified and clarified the criteria for distinguishing between these crimes and provided reliable arguments for differentiation for all elements of fraud.
Some Legal Remedies of Prosecutor’s Supervision over the Legality of Procurement Activities
Authors:   Tomsk State University (Tomsk, Russian Federation), Marinicheva Anna Yu.
Published: December 2021

Legal remedies of prosecutor’s supervision should be understood as the powers of prosecutors provided for by law, as well as the procedure and form of their implementation. A distinctive feature of the legal remedies of prosecutor’s supervision is that, as a result of their application, there always arises a legal relationship between the prosecutor’s office and the supervised person. The legal remedies of prosecutor’s supervision over the legality of procurement activities are classified according to traditional criteria: remedies aimed at identifying violations in the field of procurement activities – the powers of the prosecutor provided for by Art. 22 of the Law on the Prosecutor’s Office; remedies aimed at eliminating violations of the law – protests and proposals; and remedies aimed at bringing the perpetrators to justice – decisions on the initiation of administrative proceedings and sending materials containing signs of a crime to the criminal prosecution body to resolve the issue of initiating a criminal case. Practice shows that the most frequently used and effective means is the prosecutor’s appeal to the court with a statement of claim. The judicial order is the most effective: it allows fully influencing the offender and ensuring the protection of the rights and legitimate interests of entrepreneurs or the state. The main objectives of the prosecutor’s participation in trials are to ensure efficiency in spending budget funds, broad participation in procurement activities of various entities, fair competition, transparency of procurement procedures, elimination of corruption-generating factors, prevention of violations in procurement activities by procurement participants.
Cybersecurity and Its Maintenance in the Russian Federation
Authors:   Institute of Social Sciences (Moscow, Russian Federation), Olimpiev Anatoly Yu. , Strelnikova Irina A. ,   Higher School of Economics (Moscow, Russian Federation)
Published: December 2021

The problematic issues of ensuring cybersecurity in the Russian Federation are investigated in the article. Based on the analysis of legal literature and normative legal acts on crimes in the field of computer information in the criminal legislation of the Russian Federation and countering them, several judgments are made. The state of crime in the field of computer information is largely determined by the level of economic development of any state, including the Russian Federation as a subject of international law. Computer information, as social interaction, is protected by the criminal legislation of the Russian Federation. Counteraction in the field of computer information involves the formation of special units in a number of law enforcement agencies (first of all, in the state security bodies and in the internal affairs bodies) staffed with employees with additional competencies in the field of computer technology.
On the State of Recidivist Crime in the Far Eastern Federal District
Authors:   East Siberia State University of Technology and Management (Ulan-Ude, Russian Federation), Filippova Olga V.
Published: December 2021

The Far Eastern Federal District is one of the most disadvantaged regions of Russia with a high level of recidivism. In 2019, the proportion of crimes committed by persons who had previously committed crimes among those investigated was 64.7%. Recidivism rate per 100 thousand people reached 660.5, which is 1.6 times higher than the national average. More than half of all recurrent crimes detected in the Far Eastern Federal District are in Primorsky, Zabaikalsky, Khabarovsk Krais. Zabaikalsky Krai, the Republic of Buryatia, Magadan and Amur Oblasts are leading in terms of the recidivism rate. In the structure of recidivism, in addition to embezzlement, drug crimes and criminal violations of traffic rules occupy a noticeable place (Art., 264, Art. 264.1 of the Criminal Code of the Russian Federation).
Judicial Remedies for Prisoners in France
Authors:   Academy of Law Management of the Federal Penitentiary Service of Russia (Ryazan, Russian Federation), Davydova Irina A.
Published: December 2021

The article analyses the judicial protection of the rights of prisoners in France. The role and directions of judges’ activities on the execution of sentences in penitentiary facilities and in the application of public sanctions have been determined. The scope and degree of the administrative judge’s control over the legality of decisions made by the prison administration with respect to prisoners have been established. Attention is drawn to the activities of the Council of State, which is the supreme judicial body of the French administrative courts. Examples of new fields of administrative courts’ activities are given. The Council of State, under the influence of decisions of the European Court of Human Rights, recognizes these fields as subject to appeal in the penitentiary sphere. The problems associated with the real effectiveness of judicial remedies in France are identified.
On the Prospects for the Development of the Execution of Criminal Sentences and Probation in the Republic of Kazakhstan
Authors:   Academy of the Federal Penitentiary Service of Russia (Moscow, Russian Federation), Skakov Aydarkan B.
Published: December 2021

The progressive system is a complex interdisciplinary institution of criminal and penal law, which includes several independent institutions, In applying them, the legal status of the convict changes depending on the degree of their correction: the scope of their rights is either expanded or limited. In the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional facility, the progressive system has acquired a complete form and can be considered the basis of all punitive and educational influence on convicts. Currently, there is an urgent need for a more detailed classification of positively characterised convicts. Each positive degree of convicts’ behaviour must correspond to certain confinement conditions and to a certain institution of the progressive system, namely: upon reaching Positive Degree 1, the convict is kept in the usual conditions of a correctional facility (an institution for changing confinement conditions within one correctional facility); upon reaching Positive Degree 2, the convict is given light confinement conditions; upon reaching Positive Degree 3, the convict is given preferential confinement conditions; upon reaching Positive Degree 4, the convict is transferred to a facility of a different type; upon reaching Positive Degree 5, the institution of change of punishment is applied; upon reaching Positive Degree 6, parole of the convicted person is possible. It is necessary to release the court from the function of changing the process of executing the sentence and give this function to the supervisory commissions created at the correctional facility. The court will only appoint the type of punishment, and the execution of its decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The appointment and execution of probation is also decided on by the supervisory commission.
Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China
Authors:   Tomsk State University (Tomsk, Russian Federation), Smirnova Irina G. ,   Russian State University of Justice, East Siberian Branch (Irkutsk, Russian Federation), Alekseeva Ekaterina V. ,   Department for the Development of Local Self-Government of the Governor of Zabaikalsky Krai (Chita, Russian Federation)
Published: December 2021

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.
Restoration of Social Justice as a Goal of Criminal Punishment
Authors:   Tomsk State University (Tomsk, Russian Federation), Prozumentov Lev M.
Published: December 2021

The restoration of social justice as the goal of criminal punishment has already been in the focus of attention, though the Russian criminal legislation has included it for the first time. The legislator has not defined what is meant by “restoring social justice”, although the term “justice” can be found in Part 1 of Art. 60 of the Criminal Code of the Russian Federation in Clause 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 11, 2007 “On the practice of imposing criminal punishment by the courts of the Russian Federation”. This circumstance has led to an ambiguous interpretation of the term in research and practice. Some researchers do not distinguish the categories of goal and principle of social justice and consider the goal of restoring social justice through the principle contained in Art. 6 of the Criminal Code of the Russian Federation, i.e. through the correspondence of punishment to the nature and degree of social danger of the crime. In criminal law, there are other approaches to this goal, which are analyzed in this article. The author concludes about the “utopian” character of this goal and its unattainability in real life.
Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the Practice of the Courts’ Application of Legislation on Liability for Tax Crimes”: An Analysis of the Main Novels
Authors:   Ural State Law University (Russian Federation, Ekaterenburg), Tkachev Igor O.
Published: December 2021

The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the statute of limitations for criminal liability. The author also draws attention to the refusal of the Supreme Court to define the category “concealment of funds or other property” for the purposes of applying Art. 199.2 of the Criminal Code of the Russian Federation. It is noted that such a refusal may lead to a broader interpretation by the courts of this criminal law norm.
Examination: Essence and Objectives
Authors:   Omsk Academy of the Ministry of Internal Affairs of Russia (Omsk, Russian Federation), Anesheva Amina T. , Aksenova Leila Yu. ,   Omsk Academy of the Ministry of Internal Affairs of Russia (Omsk, Russian Federation)
Published: December 2021

Examination is part of the investigative actions, permissible in urgent cases before a decision to initiate a criminal case, which makes this means of obtaining evidentiary information exclusive. Law enforcement practice experiences significant difficulties in applying examination both in checking a crime report and in the preliminary investigation. To solve this situation, the authors investigated the problem of conducting an examination in law enforcement practice. The analysis of special literature and current legislation allowed clarifying the essence of this investigative action and enunciating a list of tasks which can be solved through examination both at the stage of initiating a criminal case and at the stage of preliminary investigation.