Criminal legislation of any state provided at the initial stages of its development for punishment as the only measure of criminal law influence on a person committing a socially dangerous act. Moreover, the types of punishment mainly boiled down to long periods of isolation of the convicted person from society: hard labor and imprisonment. Only in the middle of the twentieth century Russian legislation ensured the distinction between the categories of “criminal punishment” and “criminal liability”, although the official definition has not yet been formulated. The main legally significant signs of criminal punishment as measures of state coercion and other measures implemented within the framework of criminal liability coincide, and therefore it is not possible to ensure a consistent legal differentiation of these categories. In addition, “other measures” of a criminal law nature are highlighted in the Russian criminal legislation, their essence is currently uncertain, since they apply to persons incapable of criminal responsibility (insane, some groups of minors), and persons convicted of a crime. Such terminological inconsistency creates problems in practical application of provisions of the criminal and penal legislation to ensure the correction of convicted person and the prevention of new crimes. Basing on the results of the study, it was proposed to divide the groups of measures that are implemented within the framework of criminal liability institutions and other measures of a criminal law nature. The former apply to persons convicted of a crime. “Other measures” are applied to persons incapable of criminal responsibility for a committed socially dangerous act due to a state of health or social and intellectual immaturity: irresponsible, mentally retarded, minors. This will provide the proper terminological distinction of the essence of legal categories and will allow identifying true goals of their application.
For several generations in a row, humanity has lived with a constant and obsessive fear of environmental disasters. Violation of the environmental regulations, of the rules on the use of the environmentally hazardous substances and dangerous waste; security breach regarding the handling microbiological or other biological agents and toxins; pollution of water, the marine environment, the atmosphere, land, deforestation - all this together constitutes a factor of increased danger for the normal ecological situation in the region, country, world. Social relations arising in the considered sphere of society are regulated by criminal legislation. It is well known that every year the ecological situation in the world tends to worsen, which is confirmed by the official position of the highest government bodies. Against this background, the number of mental deviations is increasing, which, in its turn, is the reason for the commission of acts prohibited by the criminal law. Compulsory medical measures (hereinafter CMM) is an intersectoral legal institution regulated by the norms of criminal and criminal procedure legislation. In this regard, currently there are a number of problems associated with the organization of criminal proceedings on the use of CMM, which, to a certain degree, can be represented in the following form: 1) the category of persons in respect of whom the organization of proceedings on the use of CMM is carried out (Chapter 51 of the Criminal Procedure Code of the Russian Federation); 2) the types of CMM that can be applied to these persons instead of punishment or along with the imposed punishment; 3) the procedure for appointing and conducting a stationary forensic psychiatric examination to establish the mental state of a person before the commission of an act prohibited by the criminal law, at the time of its commission, as well as immediately after the commission and at the time of a forensic psychiatric examination; 4) the procedure for the termination, suspension and resumption of proceedings in this category of criminal cases in connection with a mental disorder of the accused (suspect); 5) the insufficiency of the circumstances to be proved in this category of criminal cases (CCP, art.434); 6) the need to highlight different approaches to organizing criminal proceedings of this type, depending on the category of persons in respect of whom the CMM is applied. All these problems in one way or another have a negative impact on the practical use of CMM. Based on the results of this study, proposals were made on the legislative consolidation of various types of organization of criminal proceedings on the use of CMM, due to the categories of persons to whom it is applied, as well as on improving the rules governing the conditions to be proven in criminal cases of this category.
Institutions of civil society play an important role in the process of re-socialization of convicts and their social adaptation. In the process of joint activities of penitentiary system (hereinafter referred to as the PS) with representatives of the public, there are being addressed issues of social adaptation of persons after release from prison, assistance to convicts in the restoration, maintenance and development of socially useful ties, preparation for release, labor and household arrangements, medical and social security, as well as the organization of leisure, education for convicts, their moral, legal and cultural education and development. At the same time, the fulfillment of these post-penitentiary tasks satisfies a number of needs of modern state, in particular, in the urban planning industry. This study examines the experience of interaction between the Federal Penitentiary Service of Russia and the Volnoe Delo Social Innovation Fund in the field of employment of convicts, incl. at construction sites. Based on the analysis of implementation of the program for social support of persons in difficult life situations, a conclusion is made about the need to individualize educational work and targeted assistance to convicts; stimulation to change motivational attitudes and moral values; wide demand for the labor of convicts in the urban planning industry.
The XXI century is rightfully referred to as “the century of endless technological possibilities and ultimate human aspirations” on discussion platforms of various levels, devoted to the issues of certain scientific fields. Scientific forums, conferences, meetings, round tables, researchers at regional, state, world levels present to the attention of the target audience new technologies in materials science, construction, transport, energy, development of software programs in the field of other doctrinal branches, as well as theoretical and practical models of artificial intelligence, capable of solving certain problems facing the world community, individual states, society. Unfortunately, or fortunately, information technologies have also affected the branches of Russian legal system. This article is devoted to the study of issues of potentialities of introducing various mathematical algorithms and computer programs into the current justice system of Russian Federation, by means of which the types of punishment in specific criminal cases, as well as their deadlines or sizes, would be determined. This problem was the subject of discussion at a meeting of the St. Petersburg International Criminological Club on February 15, 2019 on the topic: “Crime and the problem of adequate punishment.” Based on the analysis of judgments expressed in modern criminal law science, a theoretical substantiation of inadmissibility of the use of impersonal digital and other means to determine the form of criminal sentencing, including terms or sizes of punishment for the crime committed, is formulated.
Исследуется сложность реализации систем мономов схемами композиции. Под сложностью в такой модели понимается минимальное число операций композиции, необходимое для вычисления системы мономов. Основным результатом работы является точная формула, которая для произвольной заданной пары мономов выражает сложность их совместной реализации схемами композиции.
В работе исследуется сложность реализации систем мономов схемами композиции. Под сложностью в этой модели понимается минимальное количество операций, необходимое для вычисления системы мономов по переменным, при этом допускается многократное использование результатов промежуточных вычислений. Основной результат данной работы - для произвольной системы из трeх мономов от двух переменных без нулевых степеней установлена формула, выражающая сложность их совместной реализации схемами композиции с точностью до единицы.
The complexity of implementation of systems of monomials by composition circuits is studied. In such a model, the complexity is understood as the smallest number of composition operations required for computation of a system of monomials. The main result is an exact formula which, for an arbitrary pair of monomials, gives the complexity of their joint implementation by composition circuits.
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