The authors analyze legal regulation of interethnic relations in the sphere of criminal law and the problems of implementing legal norms in modern law enforcement activities. It is noted that the condition of interethnic relations in a multinational country determines a substantial part of the migration policy and has a great influence on the economic, political and criminogenic situation. The authors describe the modern condition of interethnic relations in the Russian Federation, trace the historical connection with the national question in the Russian Empire and the USSR, analyze the State Strategy of National Policy of the Russian Federation till 2025 approved by the Decree of the RF President of December 19, 2012 № 1666. It is shown that Russian legal regulation of interethnic relations lacks a unified framework of concepts and categories; for example, there are no clear boundaries between the concepts «ethnic», «national», «racial» and their derived categories. All of them are used in a chaotic manner with different mutual correlations. The article describes the contents of the compared concepts, determines their converging and differentiating features. The fundamental difference in the understanding of the concept of «national» in Russian and foreign legislation and law enforcement is stressed. The authors prove the necessity to unify terminology, bring examples from Russian court practice and the position of the European Court of Human Rights, establish the criminalistic significance of ethnic information. It is suggested that the specific framework of concepts and categories should be the basis for the development of practical instruments for using ethnic information about the participants of a crime event — a mechanism of practical implementation of the legal regulation of interethnic relations, and for determinig its goals, tasks, and key directions of work. Besides, the authors examine modern social interethnic situation in the area of identifying, investigating and detecting crimes.
The problem of ensuring national security is so important for the Russian Federation that, along with the rule of human rights and freedoms, as well as patriotism, it can become an ideological pillar. The asymmetry of the state system of Russia poses one of the treats to the state security. It invariably affects the vector and pace of socio-economic development of the Russian Federation, creates conditions for decentralization and, in the long term, could lead to more serious political consequences. A potential for improvement of the state system lies in strengthening of the institution of plenipotentiary representatives of the President of Russia in the federal districts, as well as in considering the further enlargement of certain constituent entities of the Federation. The fact is that the existing model of the state system that evolved as a result of the Russian Federation succession to the USSR does not any longer comply with the national interest creating a gap in the field of ensuring state security.The existance of the constituent entities that are heterogeneous in territory, population size and composition, economic potential, and the most importantly — the actual amount of political rights granted to ethnos -- inevitably raises the question of the illusory of the equality of peoples settled in the republics, autonomous districts and regions, with other indigenous and non-indigenous small peoples, as well as with the Russians. Such differentiation forms the dynamics of latent migration processes, as well as complicates the criminogenic situation due to “ethnic crime”, including corruption-related crimes, creating problems for the State in the field of law enforcement. This kind of metamorphoses, which require constitutional changes, forces the domestic legal science to develop a perspective model of the state structure of Russia. Discussions on this issue are valuable in themselves, as they allow us to formulate possible directions for the development of the state and law with due regard to the historical destiny and international mission of our State, especially in light of the 75th anniversary of the Victory in the Great Patriotic War. The considerations stated above mainstream this paper.
Статья посвящена характеристике криминалистической модели преступлений, совершаемых адвенальными лицами, под которыми предлагается понимать субъектов, имеющих этнические, социально-психологические и антопологические отличия от представителей коренного российского макроэтноса (независимо от гражданства), что влияет как на некоторые элементы механизма преступления, так и на поведение участника уголовного судопроизводства на предварительном следствии. Криминалистическая модель преступлений, совершаемых адвенальными лицами,-научная абстракция, созданная на основе познания и анализа закономерностей преступной деятельности, механизма преступления и личностных характеристик адвенального лица в целях создания информационного базиса наиболее эффективных направлений выявления, расследования, раскрытия и предотвращения преступлений, совершаемых адвенальными лицами. Ключевые слова: адвенальное лицо, криминалистическая модель преступления, расследование преступлений, совершенных иностранцами.
A multinational character of our state (currently more than 204 nationalities live on the territory of the Russian Federation), a considerable representation of migrants and naturalized foreign citizens among the Russian population, a large number of foreign citizens who are in Russia illegally adversely affect criminality in the country and entail difficulties for the investigation of relevant criminal cases. At the moment, we can argue that a new element has emerged in the structure of the Russian population, namely: naturalized citizens of Russia and foreign citizens who differ in their ethnicity from the titular ethnic group and the peoples of the Russian Federation having national territorial formations on the basis of their national language, culture, traditions, mentality and values. The authors of the article believe that such persons form an independent group of advenals. Difficulties with the implementation of such principles as respect for the honor and dignity of such individuals, language of court proceedings, the right to freedom of religion considered in the paper result in drawing a conclusion about the necessity of development of methods of investigation of advenal crimes. They include a set of scientific premises and practical recommendations developed on the basis of such premises used to organize and implement identification, investigation, disclosure and prevention of crimes committed by advenal persons against advenal persons or crimes perceived by advenal persons whose personal characteristics, as reflected in their activities, determine the course of conduct of investigators collecting, examining and evaluating evidence in a case.
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