The development of information society and the corresponding technologies raises to a new level the tasks of counteracting crimes committed using such technologies, and of minimizing damage from them. The growth in the scale of new types of crime is a cause of worry for the society and the authorities, and especially for criminologists, as the penetration of criminals into the virtual environment and their mastery of new technologies acquire dangerous forms, change criminal motivation and, at the same time, to some extent stimulate the development of information and telecommunication technologies. The growing sophistication of the tasks of preventing and counteracting hi tech crimes makes it necessary to critically assess the current criminological methods and to make an attempt to go beyond the known «common» methods of neo-classical criminology. The development of the digital criminology concept cannot be reduced to an aggregate of pioneer technological methods developed on the basis of mathematical modeling, i.e. computer processing of quantitative and qualitative parameters of crimes, mathematical detection of different dependencies (on time, place and other variables), it could and should be understood in a wider sense: on the one hand, it should influence the new criminological paradigm, and on the other - it should develop within its boundaries. The modern information-analytical sphere in the work of law enforcement bodes includes the use of digital criminological instruments within the programs of crime prevention, mathematical methods of analyzing crimes, profiling, etc. Their aggregate is generally applicable to criminological analysis and prediction, however, it does not have the most cutting edge theoretical basis that corresponds to the tasks of counteracting crimes of the digital world; it is now being formed on the basis of criminological neo-classics, the advances of the social sciences and the humanities, digital criminology. The predictions of new industrial revolutions include a rapid acceleration of the pace of technological development, a systemic transformation of production and management, which will not only stimulate a global rise in the living standards, but will also increase inequality and, consequently, will provide an impetus to crime. These aspects should be taken into consideration when predicting future development of digital criminology, whose theories should be based on the conceptual models of social development of the near future. Social consequences of the predicted new industrial revolutions will inevitably become new common determiners of the crimes of the future, as it always happened in the past.
Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.
УГОЛОВНО-ПРАВОВАЯ ДОКТРИНА ФРГ О СИСТЕМЕ ОСОБЕННОЙ ЧАСТИ УГОЛОВНОГО КОДЕКСА ГЕРМАНИИ Аннотация: целью статьи является проанализировать подходы германского законодателя и уголовно-правовой доктрины о системе Особенной части Уголовного кодекса Германии. Автор рассматривает различные точки зрения представит елей германской уголовно-правовой доктрины по данному вопросу. В заключении делается вывод, что Особенная часть уголовного права ФРГ как науки и отрасли права должна прежде всего базироваться на действующем законодательстве, т. е. УК ФРГ, и в том числе на нормах Особенной части.
The widespread prevalence of terrorist crimes, as well as the problems of qualifying hostage taking and demarcation from related crimes, are currently relevant for scientific research. The theoretical and practical aspects contained in the norm on criminal liability for hostage taking have had a long and ambiguous history; they require studying the genesis of the norm on hostage taking and the practice of its application. The work contains only significant records of domestic jurisprudence, containing norms on criminal liability for hostage taking from origins up to the present. Methodology: deduction, induction, methods of synthesis, analysis, historical and formal logical research. Conclusions: 1. The history of the application of the norm on criminal liability for hostage taking is fraught with qualification problems at all stages. These problems are ambiguous and are expressed by the fact that the legislator, under the influence of external and internal factors, makes mistakes in the systematization and codification of the criminal law, often losing the line between the norm and related crimes. As for external factors, in our understanding they are also the norms of international law on hostage taking, which, influencing the national law of the USSR, went through the stages of their development, creating norms by trial and error. For example, the rule did not apply if the taking occurred within the same state and the hostage and the perpetrators were its citizens. 2. The analysis of official statistics starting from the single crimes of the Soviet period, the post-perestroika mass crime boom of the 90s of the last century caused by the political crisis, ending with the statistical recession and the relatively well-coordinated work of state structures of the 2000s allows us to conclude that there are calculus flaws. 3. The introduction of the category of public safety has led to a significant decrease in statistical indicators, due to qualifications through related crimes. In this regard, according to lawyers, the reduction in hostage taking has a technical or static character. This led to a proportional increase in qualifications in related crimes. Scientific and practical significance: The study presented in the article gives an ontological idea of the development of the norm, reveals the technique of law making in the design of the norm on hostage taking. The conducted research is based on the materials of judicial practice in specific criminal cases, which may be of interest to researchers of this norm. These examples show the presence of law enforcement errors in the qualification of terroristic crimes, which can be perceived by practitioners as educational material. The article can serve as a source of scientific information for students of law schools, graduate students and applicants, as well as for researchers involved in the study of the national criminal law of the Russian Federation
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