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The notion of voluntariness in the notes to Articles 291 and 2911 of the Criminal Code of the Russian Federation
No full textThe article analyzes the notion of voluntariness used by the legislator in the notes to Art. 291 of
the Criminal Code of the Russian Federation “Giving a bribe” and Art. 2911 of the Criminal
Code of the Russian Federation “Mediation in bribery”. The use of this category in the practice
of law enforcement agencies is not uniform, as evidenced by the extensive jurisprudence analyzed
in the article. The main problem lies in the contradictory assessment of the fact that the
accused is aware of the fact that the preliminary investigation authorities are aware of his participation in bribery or mediation in bribery. In most cases the courts ignore this circumstance
and attach legal significance not to the awareness of the accused himself, but to the awareness
of the preliminary investigation bodies that a person has committed a crime. As a result,
having established that the subject was exposed as a result of operational-search and (or) investigative
measures, regardless of whether he knows about this fact, the courts refuse to apply
the notes to Art. 291 and 2911 of the Criminal Code. According to the authors, when assessing
the voluntariness of a person’s message about the commission of a crime, two interrelated,
but not identical circumstances should be assessed: a volitional criterion that characterizes
the desire and will of the subject, and an intellectual criterion that determines the person’s
ability to be aware of what is happening to him. The article states that the communication by
a person about a crime committed to a body that has the right to initiate a criminal case will
be voluntary if the person does so of his own free will and believes that the authority does not
know about his participation in the crime, even if in reality it is not so
The institutional framework of the European Union area of internal security
No full textThe area of internal security is umbrella definition, which combine two European Union policies
in the field of police cooperation and judicial cooperation in criminal matters. This article
is aimed at solving a scientific problem related to the determination of the essential characteristics
and legal nature of EU bodies and agencies that realize the EU policy on combating
crime. The article studies the institutional framework of the EU area of internal security, analyzes
specialized agencies designed to assist in the implementation of the EU competence in
the field of police cooperation and judicial cooperation in criminal matters. The main purpose
of the EU bodies and agencies within the area of internal security is to implement the Union’s
competence in combating crime, this function is realized mainly through coordination of the
activities of national law enforcement agencies. The creation of union bodies does not mean
a decrease in the competence of the law enforcement agencies of the Member States. The authors
conclude that EU bodies and agencies have a number of common features and essential
characteristics that allow them to be distinguished as a relatively independent system. At the
same time, the authors admit the possibility of qualifying these bodies as specific integration
law enforcement agencies that have limited competence covering certain aspects of the fight
against crime. According to the authors, the process of further development of the system of
integration law enforcement bodies of the EU is currently underway, one of the features of
this development is the strengthening of the supranational component. The study allows us to
consider Europol, Eurojust, Cepol and the European Public Prosecutor’s Office not as separate
bodies aimed on particular purposes, but as the elements of the special system and which
develop according to the common rules
Defining the employment discrimination: International labor standards and the Russian approach
No full textThe article contains an analysis of approaches to the definition of employment discrimination
from the point of view of compliance of Russian legislation and case-law with international labor standards. The prohibition of discrimination includes ensuring equal opportunities for
employees, which sometimes implies the provision of additional guarantees for certain categories
of employees (affirmative action). The problem with such affirmative action norms
established by law is that they themselves can be discriminatory. The courts’ qualification of
discrimination is inevitably judgmental and is based both on the values of society and on the
subjective opinion of the judge. In this regard, it is important to understand the boundaries
between legal differentiation and illegal discrimination according to international labor standards.
The article deals with certain aspects of the Russian affirmative action norms in employment
which subject to debates regarding their discriminative nature. The norms concerning
parental leaves granted only to male military personnel, the list of professions with harmful
and dangerous working conditions prohibited for women, the restriction of dismissal of pregnant
women at the initiative of the employer (in comparison with the norms on protection
from dismissal of trade union activists and parents of disabled children), the ban on dismissal
of elderly employees, as well as the possibility of concluding fixed-term employment contracts
with them are analyzed and evaluated in the article. The article draws conclusions about the
need to harmonize the approaches of the Russian legislation and case-law on these issues with
international labor standards developed within the framework of the International Labour
Organisation, the United Nations and the Council of Europe.This article was written as part of scientific research project No. 19-18-00517 commissioned by the
Russian Science Foundation
Ivan Korostovetz — Russian Diplomat and Expert on China
No full textIvan Yakovlevich Korostovetz (1862–1933) was one of the most prominent Russian diplomats of the
late 19th and early 20th centuries. He played an extremely important role in the developing Russian-Chinese relations
and a no less significant part in the development of Russian-Mongolian ties. Not a sinologist by education,
and at the start not speaking Chinese, Korostovetz could understand the specifics of China so deeply and delve
into the peculiarities of Chinese realities that he became one of the best experts on China at that time. Korostovetz
actively popularized his knowledge on China among the Russian public by writing books and articles about the
country. At the turn of the 20th century, Korostovetz became one of the most capable diplomats in the Russian
Empire and contributed to an active Russian policy in China and Outer Mongolia. Having a deep understanding of
the Russian geopolitical interests in the Far East, he was able to clearly formulate the main goals of Russia’s policy
in this region at the time when the Xinhai revolution broke out in China. Unfortunately, after 1917, Korostovetz failed
to find a place for himself in the diplomatic field, and so he became the author of many published and unpublished
works on the history of diplomacy and international relations in the Far East. The purpose of this article is to give
an overview of Korostovetz’ activities in various diplomatic positions in China and evaluate his role in the development
of Russian-Chinese relations, as well as analyze his articles and books about China and show the depth in
which he understood political development, history and culture of this country.This research was supported by Russian Science Foundation (RSF), project no. 22-28-00858 “Russian diplomats
in China (2nd half of the 19th — early 20th centuries): political and socio-cultural dimensions”, https://rscf.ru/en/
project/22-28-00858
The Features of the Formation of the Camp Justice of the USSR (1944–1959)
No full textIn modern historiography, much less attention has been paid to problems of the development of bodies
of the camp (penitentiary) justice, than to activities of places of detention. Meanwhile, camp courts belonged to bodies of special justice along with military tribunals and were an important element of the state mechanism.
This research identifies the main stages of the formation of the camp justice bodies and determines the features
of their functioning. The article defines the structure and number of camp ships, as well as elements of
mechanism of their organization. For the first time, the main stages in the development of bodies of camp justice
are highlighted: 1944–1948 (the formation of this system), 1949–1952 (relatively stable existence), and 1953–
1959 (period of sharp reduction and elimination). Plans to reform the system of camp courts are discussed. The
initiator of the creation of the system of camp courts was the leadership of the USSR Ministry of Internal Affairs.
Among the organizational features of the functioning of these bodies, the asymmetric nature of the system of the
bodies of the camp justice is named for the first time. Along with the camp (penitentiary) courts, military tribunals
of the NKVD/MVD troops continued to operate, and special camp courts with wider jurisdiction operated in the
structure of special buildings, which considered not only criminal, but also civil cases. The peculiarities of the
functioning of these bodies include: a weak material and technical base, the struggle of clans in the leadership of
justice, a high level of conflict in the system of camp justice, and the minor role of lawyers in the process and their
dependence on the camp administration and the court
Rumors at the Service of the Wehrmacht: Russian Emigration in Serbia and the Bolsheviks in 1944–1945
No full textRumors at the Service of the Wehrmacht: Russian Emigration in Serbia and the
Bolsheviks in 1944–1945The research was funded by the Russian Science Foundation, project no. 19-78-00085 “Russian emigration between
the ‘old’ and ‘new’ homeland in the conditions of World War II: problems of identity and patriotism”
About Serge Prokofiev’s American Tour at the End of 1920
No full textProkofiev’s enormous correspondence reflects a universe that is densely populated and reflects
the enormous amount of his correspondence. The multifaceted nature of his inner-self
is revealed in his letters to different people, which displays great diversity in style. Varied
accents and perspectives appear in his letters: some personality traits come forward, new facts emerge, some creative aspects appear in unaccustomed ways. Prokofiev’s fourteen letters to
his mother chronologically cover a little more than the last two months out of three that he
spent in America in the winter of 1920. One important feature of Prokofiev’s nature is reflected
in letters to his mother: passion for travel. He moves constantly and still enjoys a difficult
life, full of hassle, on tour. His letters to his mother were sent from the Savoiya crossing the
Pacific Ocean, from the train to California, and from New York City, Chicago, Appleton, San
Francisco, San Diego, and Los Angeles. These documented sources are interesting not only
because of their content. Prokofiev was writing to a person who had almost lost her sight. The
composer’s usual briefness of utterance is maximized there. The informational content of this
cursive writing is extremely high, and the short messages and postcards written in large round
letters condense massive informative layers: the young musician’s life, the staging of his operas
(about which he works many angles), tragic backwashes of the Russian history, signals from
the past lost in Saint Petersburg flat where his papers had been missed, commissioned and
uncommissioned works, an exhibit hall of nearly outlined characters, and a constant lack of
money. This is a counterpoint voice to the Diary
A CARTOON OR A SERIES OF PICTURES? THE PROBLEM OF CHOOSING AN EXPERIMENTAL TECHNIQUE
Get PDFVarious experimental techniques are used in child language studies to research the
development of coherent and cohesive narrative. The most common of them are the elicitation narrative tasks based on a series of pictures or on a video, for example, a
cartoon. However, the comparison of the studies carried out using different methods
shows the results that can both coincide and significantly diverge. Among the factors
that influence the basic narrative characteristics of elicited child stories are age, the
type of visual stimulus, its length, and the way the narrative is produced (online vs. subsequent
mode). The following basic characteristics are considered to study the structure
of narratives: opening and closing markers, details and separateness of the narration,
the variety of characters and the presence (absence) of evaluation. The question
whether the type of visual stimulus has a significant effect on the basic characteristics
of children’s narratives and whether it is possible to construct a general description of
the development of narrative skills regardless of the experimental task chosen by the
researchers is discussed with a comparative analysis of oral narratives collected within
two series of experiments with Russian native monolingual children of the senior
preschool and primary school age. The analysis showed that although it is possible to
reveal some tendencies inherent in the narratives collected with different experimental
methods, the type of visual stimulus does not have any statistically significant effect on
the basic characteristics of the narratives of primary schoolchildren. Only the differences
in evaluation and closing markers in the narratives of older preschoolers, elicited
either simultaneously with watching the cartoon or during its subsequent retelling, are
statistically significant. Refs 37.Проект поддержан грантом РФФИ «Устный и письменный нарратив как вторичный текст:
особенности порождения разными категориями носителей русского языка» (№ 20-012-00290)
Приложение 1. Перечень исследовательских проектов, результаты которых отражены в монографии
Get PDFПриложение 1. Перечень исследовательских проектов, результаты которых отражены в монографи
Cellular Automata, Mainframes, Maple, Mathematica and Computer Science in Tallinn Research Group
Get PDFOriginally formed in 1970, the Tallinn Research Group (TRG), was originally focused mainly on researches in the field of homogeneous structures (Cellular Automata). Meanwhile, in the aftermath, these researches and other TRG creative activity were often and for quite long periods of time interspersed with applied researches and development in other fields, such as development of system and application software for mainframes and personal computers of various types; statistics; development of departmental and republican automated management systems; computer mathematics systems that focus, first of all, on systems such as Maple and Mathematica, with the development of software for them that extends the functionality of both systems (in the book links are given for free download of specified software); parallel processing of information; preparation and publication of a series of monographs, books, textbooks, articles and university courses in these and some other fields (for freeware access in the book links are given on our book publications on general statistics theory, cellular automata, Maple and Mathematica systems; each book is archived, including its cover and book block in pdf–format). This book presents a somewhat expanded excursion into the creative activities of the TRG in 1970–2022 with a focus on researches and development in such main fields as mainframes, personal computers, general statistics theory, issues of parallel information processing and computing, computer mathematics systems, programming, automated control systems, mathematical developmental biology, some mathematical problems in the theory of cellular automata. At the same time, certain our results of researches related to the theory of classical cellular automata with the representation of our standpoint on the main stages of the formation of the cellular automata theory as an independent direction in the automata theory are presented in the most detail. The book may be of certain interest as a retrospective point of view on the development of the above areas in the USSR(primarily in the ESSR) and the republics of the former USSR. The book is equipped with a fairly extensive bibliography on the issues under consideration