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EN
The article presents the development of the organized crime in Russia. The author has identified four stages of the evolution: period before the Bolshevik Revolution in 1917, then years 1917–1945, years 1945–1991 and finally period starting from 1991. She presents an opinion that the political events in each of these periods had big influence on shape of this kind of crime. The important role is connected with years before the October Revolution, because in this period the organized crime has emerged. The post – revolution period was also important, because in the first years after revolution gangs – so called „vory v zakonie” had good opportunities to develop. The real bloom of the organized crime took place after World War II, when the professional crime was replaced by the organized one. The reason for this evolution was the inefficiency of centralized economy, not limited power of the communist party apparatus and the mobility of criminals. After 1991 strong tights between business, politics and crime were established. This process made some of people very rich (illegally), but then their properties were legalized and the ruling class was corrupted. This process had great influence on emerging the new form of organized crime – the mafia. The article shows that present criminal situation in Russia is a result of many historical events, complex social processes and complicated relations between citizens and government.
EN
      In this study the author indicates the main problems that appeared in Poland as a result of the opening of borders after the transition to a new economic and political system launched in 1989. The list is headed by offenses committed by foreign nationals, smuggling activities, illegal crossing of frontiers, and  population movements, especially from very low-income countries.       Border crime is defined here as both illegal border crossing, customs and currency offenses, forgery of documents and crime againts institutions. Border crime can be examined in a large numer of aspects as offenses which ere a threat to fundamental public policy interests. The crux of the matter lies in the motives and aims of the perpetrator.       When we refer to border crime we have in mind the kind of offenses that are associated with cross-border movement of persons and objects involved in an illegal activity The commission of offenses falling into this category is not confined solely to border regions. The area of operations of criminals of this kind may be the whole of a country. Border crime is crime of a special kind. Its effects and in particular its further consequences are not always visible. Nor in all such cases is there an injured party, though it should be noted that serious harm may be suffered by people smuggled across borders and that injury is caused to victims of smuggling-related car theft.       It is worth drawing attention to the etiology of this kind of crime. Among the internal influences contributing to its growth should be included the closure or collapse of workplaces, state farms and industrial enterprises, especially along Poland’s eastern border, and the consequent rise in unemployment. In recent years there has been a notable decline in the public’s standard of living, which has prompted some of them to seek alternative or additional sources of income.With increasing frequency people set their sights on swift multiplication of wealth and see in smuggling, for instance, a relatively simple and low-risk way of making money. It is worth noting  a judicial tendency towards unduly lenient treatment of perperators of border crime and to hand down light sentences (most glaringly, for organizacion of illegal border crossing). Another development has been a steep rise in the incidence of pathological phenomena among officials, such as forgery or falsification of documents, bribery or entry into the structures of criminal groups.        Much more dangerous are the external factors driving border crime, such as steadily worsening economic decline in parts o fthe Middle East, Asia and the former Soviet Union and  rising unemployment and inflation in the countries concerned. Other causes are wars, national, ethnic and religious conflicts and the inadequacy of the technical protection of frontiers. Not without significance is the continuing demand in the East for cars of Western make and the possibility of legalizing their acquisition if they have been stolen. There has also been an intensification of corrupt practices among public officials with an influence on the state of national security and inviolability of frontiers (especially among the border guard forces in Belarus and Ukraine). Also conducive to the growth of crime is the further organization and specialization of criminal groups pursuing activities on both sides of the frontier.        The author also offers a detailed picture of selected types of border crime. Her study centers on the legal and criminological aspects of the crime of illegal entry. She indicates the methods of committing this crime employed by its perpetrators at both border crossings and along smuggling routes. She depicts the mechanisms involved in the smuggling of persons with particular emphasis on the role played in such trafficking by organized criminal groups.        Another criminal activity worth attention is smuggling, chiefly of liquor, cigarettes, cars, drugs, animals, guns, etc. This crime is a threat to the economic interests of the state which incurs  significant losses of revenue in this respect.  The author brings out the complex, underground modus operandi of the criminals involved and stresses the prominence in this illicit activity of organized criminal groups.        The data illustrating border crime points to the continued persistence of threats from illegal immigration into Poland, including in many cases in organized forms, and its  transformation from a transit to a destination country. Because of the unabating demand in the former Soviet republics for Western cars rhe organizers of smuggling rings will probably develop more sophisticated methods of falsifying the documents of cars (mostly luxury models) stolen in West-European countries. As at present there will be continued smuggling, both by individuals and in organized forms (of considerable value per consignment), of liquor into Poland and of cigarettes bound for Poland and Germany. Intensification of attempts to corrupt the personnel (including senior officers) of watchtowers and border crossings.        The most important role in prevention and  suppression of border crime is played by Border Guard personnel. More and more often they are equipped with modern equipment for X-raying baggage and carry out passport checks by means of readers connected to a computer database.  Border Guard personel also engage in operations outside the border zone and conduct searches of dwellings and premises belonging to the organizers of illegal cross-border traffic. Not infrequently they face an increased element of risk. Criminals often possess firearms, gas and other dangerous implements. Hence the importance of specialist  training, physical fitness, unarmed combat skills and the ability to handle weapons.        An important erement in fighting border crime is cooperation with other public institutions. Preventive action and operational, surveillance and investigative measures aimed at improving the state of security and public order and detection and expulsion of foreign nationals who have entered Poland  illegally are carried out in the border zone in collaboration with the police.                    Because of the nature or its responsibilities and the international connections of criminal groups the Border Guard maintains day-to-day liaison with its counterparts in  other countries. Among the most important areas of cooperation between the border authorities of European Union members, Central and East European countries, the United States and Canada are interchange of information about tasks, structures, jurisdictions, powers and problems relating to cross-border traffic and border crime and interaction in operational and investigative activities. There is a particularly successful record  of cooperarion with the German authorities (specifically the BGS).        It is worth stressing that amendmends to the Border Guard Act adopted in 2001 provide for its equipment with additional powers for combating corruption, including operational oversight, „sting” operations, the offering or acceptance of bribes, and imposes on Border Guard personnel and employees the requirement to file declarations of assets. The powers in question could be a significant boost to the prevention and suppression of border crime.
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EN
Katarzyna Laskowska, the author of this article, discusses the evolution of Soviet law against alcoholism in the years 1917–1991. She illustrates the scope and changes of both administrative law and criminal law in terms of alcohol consumption and its availa- bility. Additionally, she underlines the responsibility of alcohol for crimes committed while under its influence. The article also includes an assessment of the efficiency of anti-alcohol law in the Soviet Union and examines why the measures taken appear to have had so little effect in reducing alcohol consumption in Soviet society.
EN
In her study, K. Laskowska has presented the essence of the so called “bloody revenge” custom, peculiar to many USSR nations. She has shown a legal response to this ‘relic of local customs’ provided for in the Soviet criminal codes. She has endeavoured to demonstrate that neither the Soviet nor the modern state has managed to eliminate it from the lives of some societies, since their deep-rooted devotion to family tradition, sense of honour and justice has proven stronger than the statutory law. She stresses that it remains alive in many nations of the North Caucasus.
EN
The article describes legal regulations concerning death penalty in Russia from 1398 to 2008. The analysis shows that the death penalty was commonly present in Russian legal acts. The article describes the evolution of the range of death penalty. It was used not only against crimes like homicide, but also against political crimes. It was an instrument in political fight and in repressive criminal policy. The article shows also the means of execution of capital punishment. Throughout the ages it was executed in a very brutal way, to make it painful for the executed person. The death penalty in Russia should not be analyzed only in historical perspective, because it still exists in present criminal code of Russian Federation.
EN
The publication depicts the phenomenon of terrorist crime in Russia, both in legal and criminological approach. It attempts to define the phenomenon and, subsequently, defines the scope of criminalised acts and the manner of penalisation thereof under Russian law. Consequently the phenomenon, aetiology and prevention are analysed. Such an approach allowed to present the tendencies and threats resulting from this category of crime. Analyses have been aiming at conclusion what are the needs and directions of preventing this phenomenon in Russia. Analyses allowed to establish that the following offences should be deemed terrorist ones: act of terror (article 205), support for terrorist activities (article 2051), public incitement of terrorist activity or public justification of terrorism (article 2052 ), taking a hostage (article 206), organisation of illegal armed unit or taking part in such (article 208), hijacking of an aircraft, a vessel, or a train (article 211), attempt of assassination of public servant or social activist (article 277), seizure of power using violence, or exercise of power with the use of violence (article 275), armed uprising (article 279) public incitement of extremist activity (article 280) organisation of an extremist union (article 282) assault on people, or institutions which are under international protection (article 360). The analysis indicates that abovementioned acts of terrorism are, above all, a threat to public safety, legal government, and the foundations of constitutional order and state security, as well as peace and security of humankind. They have a criminal, political, and international character. They exhibit associations to organised crime and extremist crime. The study found that the reasons of their occurrence in Russia are deeply rooted in social, economic, and political problems. The weakness of the state and its structures, and the inability to solve problems, built up over decades, resulted in the development of the phenomenon which peaked between 1997 and 2004. During this period most false notices of terrorist acts were recorded, while crimes of organizing illegal armed units, and crimes of terror (terrorist acts) were also recorded but to a much less extent. The phenomenon has been undergoing changes for years and requires an appropriate response from the state. Therefore, apart from an improvement of anti-terrorism laws, the authorities should aim to reduce causes and factors which support the development of such crimes, especially to constantly monitor social situation in Russia, including the sources of tension. The authorities should also counteract fundamentalism, ease social tensions on nationality and religion grounds, and additionally control weapon trafficking, ensure adequate preparation of antiterrorist forces in terms of material, technical, and psychological basis.
EN
The phenomenon of corruption in Russia, shown in the historical perspective, is described here by changes of legislation in this matter throughout the ages. It is clearly seen that changes of legal regulation tried to penalize many new aspects of bribery and to increase of penalty. The attitude of the society, both Russian and Soviet, shows that legal regulations have been ignored not only by citizens, but also by the state’s officers. The scale of corruption now and damages it causes is an evidence that there is no effective system of protection against these crimes in Russia.
EN
The work discusses the phenomenon of social pathologies. The aim of the work is to show the threats it causes to the modern society which cause the need to limit the phenomenon with all measures available, including criminal prosecution. Discussion is presented from point of view of criminology and criminal law. The author emphasises that the problem of pathology in modern society is very important. One cannot deny that the notion of pathology is often used, even over-used. An analysis of pathology definition provided by the experts in this topic (A. Podgórecki, J. Wódz, A. Gaberle i J. Malec) leads to a conclusion that there is no common definition of the phenomenon. A review of opinions by doctrine representatives allowed to present a catalogue of the most common features of social pathology. These are: behaviours of individuals and groups, incompatibility of human behaviours with the system of norms in a given community, destructiveness and harmfulness of behaviours disturbing the functioning of a given community, dynamics of the phenomenon. Diversity of the listed features causes a question if all these elements are objective criteria to judge pathological phenomena. The presented discussion leads to a conclusion that listing such features is very difficult. It is related to fact that norms, opinions and values in societies change with time and that their judgements is characterised by subjectivism. Hence, because there occur objective and subjective criteria for judging the phenomenon of social pathologies, it is difficult to coin a common definition. As a result, the Author proposes to define pathology as “detrimental (both for the society and particular individuals) human behaviours which infringe a established system of social norms”. The study emphasises that pathologies are related to processes of undergoing social and economical changes hence the scope of phenomena defined as social pathologies has been changing over the years. Changes in the political, social and economic system were accompanied by changes in quantitative and qualitative changes in the characteristics of social pathology. At present, on can observe an increase in the number and the diversity of pathological behaviours. Apart from alcoholism, prostitution, suicide, illicit drug addiction, there appeared also other ones: addictions from prescribed drugs, television, computer, sex, gambling, eating disorders (anorexia and bulimia), activity of sects and subcultures, homelessness, begging, new forms of crime (e.g. organised crime). It should be noted that with years some behaviours defined as pathological lost this feature (e.g. mental illness) and some ceased to exist (parasitism, negative attitude to work). The causes of new pathologies’ emergence and development are rooted in the transformation which influenced almost all spheres of life: family, school, social and personal life of an individual.
EN
The paper offers a synthetic insight into the activities of organized crime groups in Poland with foreign nationals as their members. All the relevant data were obtained from the staff officers of the Central Bureau of Police Investigation (CBSP), i.e. directly from the operatives involved in investigating such criminal structures. The interviews were conducted in February 2015, with the three officers serving in the three departments combating: organized crime, organized drug trafficking, and organized fraud, respectively. On the basis of those interviews, it was established that the structures of interest are formed either exclusively by foreign nationals, or by foreign nationals in association with their Polish peers. Some groups might be characterised by specific traits, e.g. organisational tightness, or excessive brutality. Some insight was also gained into the ways of recruitment to the organized crime groups involving foreigners, i.e. diversified ways of recruitment to the structures of different specialisations (crime, drugs, fraud). In due course, the most frequently committed types of criminal offences were identified, i.e. theft, drug production and trafficking, cigarette smuggling, VAT fraud, and money laundering. The study highlights the ‘attractiveness’ of particular offences to respective organized crime groups. It was also possible to gain an understanding of their modus operandi and organizational structuring (be that complex or simple), including consideration for their own security (i.e. making expert use of the most recent advances of modern technology and personal training and vigilance). The research allowed to establish the specific ways of managing the proceeds derived from the committed offences, in due consideration of the respective nationality of their members. A certain proportion of the crime structures consumed the proceeds, others made investments and promoted business development, still others transferred the funds to their home countries. The study revealed that well-organized groups were active in Poland, whereas the highly-organized ones also ventured abroad with their operations, whilst making use of their international contacts with a view to establishing collaboration with some other internationally structured groups in order to promote business development and maximize their illicit revenues. The interviews revealed that police investigators manage to keep very much abreast of the activities pursued by internationally structured, organized crime groups in Poland.
EN
This study concerns a selected institution of the Criminal Code of the Russian Fed- eration of 1960, i.e. the penalty of deprivation of liberty, and it consists of three parts. The first part shows the place and legal status of this punishment in comparison with other penalties in the 1960 Code. Its fundamental character is emphasised. Next, the scope of legal regulation of imprisonment is discussed (Article 24 of the Penal Code). Its time limits and categories of per- petrators subject to imprisonment as well as the place of execution of the sentence are presented. The possibilities of changing the places of imprisonment are also shown. The third part of the article presents the general state of crime registered in the analysed period, and discusses the dynamics of convicted persons. This has enabled to establish the relations between the scale of the phenomenon and the number of persons serving this isolation sentence. It has shown a strict practice of imposing prison sentences by Soviet courts. On the basis of dogmatic and statistical analyses, it has made it possible to recognise this punishment as an important instrument of lawand penal policy.
DE
Die vorliegende Studie bezieht sich auf eine ausgewählte Einrichtung des RSFSR-Strafgesetzbuchs von 1960, d.h. auf die Freiheitsstrafe. Sie besteht aus drei Teilen. Im ersten Teil werden der Stellenwert und der rechtliche Status dieser Strafe im Vergleich zu an- deren Strafen im Gesetzbuch von 1960 dargestellt. Ihr grundlegender Charakter wird hier betont. Anschließend wird der Geltungsbereich der gesetzlichen Regelung der Freiheitsstrafe erörtert (Art. 24 des Strafgesetzbuches). Behandelt werden ihr zeitlicher Rahmen und die Kategorien von solchen Tätern, die zur Freiheitsstrafe verurteilt wurden, sowie die Orte, an denen die Strafe vollstreckt wurde. Die Möglichkeiten des Austauschs von Orten, an denen die Freiheitsstrafe ab- gebüßt wurden, werden auch aufgezeigt. Der dritte Teil der Studie zeigt den allgemeinen Stand der im untersuchten Zeitraum registrierten Kriminalität und die Dynamik der Verurteilten. Dies ermöglicht es, das Verhältnis zwischen dem Ausmaß der Erscheinung und der Anzahl der Per- sonen zu bestimmen, die diese Freiheitsstrafe verbüßten. Darüber hinaus wird die strenge Praxis der sowjetischen Gerichte präsentiert, mit der die Freiheitsstrafen verhängt wurden. Aufgrund der durchgeführten dogmatischen und statistischen Analysen konnte diese Strafe als ein wichti- ges Instrument des Rechts und der Strafpolitik anerkannt werden.
PL
Opracowanie dotyczy wybranej instytucji kodeksu karnego RSFRR z 1960 r., tj. kary pozbawienia wolności. Składa się ono z trzech części. W pierwszej ukazano miejsce i status prawny tej kary na tle innych kar w kodeksie z 1960 r. Podkreślono jej zasadniczy charakter. Następnie omówiono zakres regulacji prawnej kary pozbawienia wolności (art. 24 kk). Przedstawiono jej granice czasowe oraz kategorie sprawców podlegających pozbawieniu wolności, jak też miejsca wykonywania kary. Ukazano  możliwości zamiany miejsc odbywania kary pozbawienia wolności. W trzeciej części opracowania zaprezentowano ogólny stan przestępczości zarejestrowanej w analizowanym okresie, a następnie dynamikę skazanych. Pozwoliło to ustalić relacje skali zjawiska do ilości osób odbywających tę karę izolacyjną. Ukazało surową praktykę orzekania kary pozbawienia wolności przez radzieckie sądy. Na podstawie przeprowadzonych analiz dogmatycznych i statystycznych umożliwiło uznanie tej kary za ważny instrument prawa i polityki karnej.  
Zeszyty Prawnicze
|
2019
|
vol. 19
|
issue 3
185-201
EN
The study provides an overview of the legal regulation on human traficking in the Russian Federation. It observes that the provision for this offence in the Russian Penal Code of 1996, as well as the guarantees of protection against human traficking in the Russian Constitution of 1993 were in force only for a short time. The issue is discussed on the basis of the statutory features of this criminal offence, with considerable attention to the analysis of the extended objective side of the offence in its basic, qualified, and particularly qualified types. The study focuses on the evident casuistry in the arrangement which was adopted and the severe penalties laid down for this crime. The author also points out some of the differences between the Russian provisions and the Polish regulations.
PL
Opracowanie zawiera omówienie prawnej regulacji przestępstwa handlu ludźmi w Federacji Rosyjskiej. Zwrócono w nim uwagę na fakt niedługiego okresu obowiązywania przepisu dotyczącego tego czynu w rosyjskim kodeksie karnym z 1996 r., jak również na gwarancje ochrony człowieka przed nim występujące w rosyjskiej konstytucji z 1993 r. Zagadnienie zostało omówione według ustawowych znamion przestępstwa. Wiele uwagi poświęcono analizie rozbudowanej strony przedmiotowej, występującej w typie podstawowym, kwalifikowanym i szczególnie kwalifikowanym. W rozważaniach podkreślono widoczną kazuistykę przyjętego rozwiązania i zagrożenie przestępstwa surowymi sankcjami. Wskazano na niektóre odrębności w stosunku do polskiej regulacji.
EN
The paper deals with the issue of quite new and interesting Russian Federation’s regulation concerning the one’s responsibility of holding the highest position in the criminal hierarchy. The Author presents rationale behind implementing such regulation. In addition, particular characteristics of the crime of article 210[1] of the Criminal Code are outlined while the difficulties in its interpretation being underlined. The Author describes issues with its execution in practice. The regulation’s dimension, its goal and practical application have also been assessed. What is more, some incoherence with basic rules of the Penal Code have been identified.
PL
Opracowanie dotyczy stosunkowo nowej i bardzo interesującej regulacji w prawie karnym Federacji Rosyjskiej, a mianowicie odpowiedzialności osoby za zajmowanie najwyższej pozycji w przestępczej hierarchii. Autorka ukazała powody przyjęcia takiego rozwiązania oraz omówiła poszczególne znamiona/cechy przestępstwa z art. 210[1] k.k. FR, wskazując na ich trudności interpretacyjne. Poprzez poddanie ocenie zakresu, celowości wprowadzenia i przydatności w praktyce karania za zajmowanie najwyższej pozycji w przestępczej hierarchii przedstawiła problemy związane ze stosowaniem tego przepisu, co w efekcie wykazało sprzeczności z podstawowymi zasadami prawa karnego.
Ius Novum
|
2023
|
vol. 17
|
issue 1 ENG
1-23
PL
The paper discusses with the crime of rehabilitation of Nazism contained in the 1996 Criminal Code of the Russian Federation. It presents the rationale for its introduction into the legislation, the scope of the legal regulation, and its evaluation in terms of its content and edition. For the purpose of the publication, research questions were posed, the answers to which demonstrated the political and populist nature of the regulation and its imprecise casuistic approach, which brings few benefits to Russia’s criminal policy.
Ius Novum
|
2023
|
vol. 17
|
issue 1
1-23
EN
The paper discusses the crime of rehabilitation of Nazism included in the 1996 Criminal Code of the Russian Federation. It presents the rationale for its introduction into the legislation, the scope of the legal regulation, and its evaluation in terms of content and drafting. For the purpose of the publication, research questions were posed, the answers to which demonstrated the political and populist nature of the regulation and its imprecise casuistic approach, which brings few benefits to Russia’s criminal policy.
PL
Opracowanie dotyczy przestępstwa rehabilitacji nazizmu, tj. przestępstwa zawartego w kodeksie karnym Federacji Rosyjskiej z 1996 r. Przedstawiono w nim uzasadnienie wprowadzenia go do ustawodawstwa, zakres regulacji prawnej oraz jego ocenę pod względem merytorycznym i redakcyjnym. Na potrzeby publikacji postawiono pytania badawcze – odpowiedzi na te pytania przekonały o politycznym i populistycznym charakterze regulacji, o nieprecyzyjnym kazuistycznym jego ujęciu, przynoszącym niewiele korzyści dla polityki karnej państwa.
EN
The paper addresses the issues of appropriateness and overall effectiveness of endeavours undertaken by selected countries (France and Russia) in the area of preventing, combating, and reducing illegal migration and criminality of foreign nationals. Analyses of the overall body of experience gained by those countries, often struggling with far more serious problems than ours, make it possible to highlight a variety of approaches to the issues under study, along with identifying new, frequently more effective ways of resolving them. In the section dealing with the French solutions, the author focused on those that are aimed specifically at preventing and combating illegal migration, mainly in the form of illegal residence in France. This is due to the fact that criminal offences committed by foreign nationals in France comprise primarily those related to illegal residence or illegal entry into the country. An in-depth review of the available instruments, mainly on the basis of specific regulations comprised in the Code of Entry and Residence of Foreign Nationals, in conjunction with the provisions regulating their right to claim political asylum, allowed to identify certain specific French solutions which might well be deemed good practices, with a view to having them considered for a prospective transposition into the Polish legal system, specifically into administrative and criminal law. When assessing the French regulations in terms of good practices, it appears prudent to consider their prospective transposition into Polish criminal or administrative law, especially with regard to the following areas. First of all, one would need to consider the option of imposing a lifetime ban on the entry into Poland for committing an offence related to illegal migration, but also with regard to other common offences. It is essential in terms of combating illegal migration, to have any individual conduct involving aiding or facilitating a third party’s illegal border crossing, contravening the law regulating the length of residence, or illegal residence in other countries of the Schengen Area, or in other EU Member States, duly criminalized, and not on the territory of Poland only. Another key solution at hand consists in the option to impose a ban on residence in France, also issued in the form of an administrative decision by the Minister of Internal Affairs, which might also apply to those individuals who are not currently residing in France, or those who have never held such residence do date, whereas might be deemed potential threat to public order. In the section dealing with Russia, the author aimed to address specific projects designed to combat illegal migration of foreign nationals and criminality at large (including organized crime) undertaken in that country. It was established that the Russian Federation was actively involved in combating both phenomena. In terms of preventing and reducing illegal immigration into the Russian Federation, several specific projects have been undertaken. In particular, The Concept of State Migration Policy for 2025 was developed, which sets out the objectives, principles, tasks, key directions, and specific constraints in the implementation of state migration policy across the country. It emphasises the need for the introduction of a number of modifications of legal, organizational and social nature, aimed specifically to radically restructure a number of areas within overall state migration policy. Several amendments were made to the Russian Penal Code of 1996, pertaining to illegal border crossings, organizing illegal migration, and others, as well as to the Code of Administrative Breaches of the Law of 2001 (i.e. a series of offences in breach of border security, visa procedures, etc.).
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