Contents # 4/2022

Sergey E. Vyltsan
Lomonosov Moscow State University, Moscow, Russia, servyltsan@mail.ru

Abstract. In this study the author aims to trace the dynamics of the evolution of the legal status of the Supreme Council of the Cultural Revolution (further the Supreme Council) — a special body in the state mechanism of the Islamic Republic of Iran. The reasons and conditions for establishing the Cultural Revolution Headquarters — the predecessor body of the Supreme Council — the main legal acts regulating the activities of the Supreme Council at the present time, as well as the correlation of the acts of the Supreme Council with the laws and legal acts of some other state bodies in Iran, are considered.
Based on the study, the author concludes that establishing the Headquarters of the Cultural Revolution based on the Supreme Leader’s decree has become one of the means of fulfilling the objective of the new political leadership, headed by theologians, to neutralize other political forces in the country that claim to occupy positions of power. After achieving this task, on the basis of the decree of the head of state, the Headquarters are transformed into the Supreme Council of the Cultural Revolution to regulate the cultural sphere of life with the aim of further Islamization of culture in all its manifestations. Currently, the Supreme Council of the Cultural Revolution is a body that does not have a constitutional status, but at the same time it in fact carries out “quasilegislative” activities in the field of culture. Moreover, the “laws” adopted by the Supreme Council have greater legal force than the laws adopted by the Iranian parliament — the Majlis of the Islamic Council.

Keywords: Islamic Republic of Iran, Supreme Council of the Cultural Revolution, interpretation of the Constitution, state mechanism, supervisory powers, legal force

For citation. Vyltsan S. E. Evolution of the Legal Status of the Supreme Council of the Cultural Revolution of the Islamic Republic of Iran. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 5—15. (In Russ.) DOI: 10.12737/jflcl.2022.044

  Download

Alexander F. Nozdrachev
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, adm1@izak.ru

Abstract. State guidelines have now become a very numerous and varied in nature type of regulations. Executive authorities, in the exercise of functions entrusted to them, in addition to imperative legal acts, widely practice: issuing of legal acts; calling to action; giving advice; measures of encouragement, incentive and support measures; suggestions on how to solve problems; providing advice, information concerning safe behavior in specific conditions, etc., i. e. containing recommendations. It has been ambiguous for a long time how recommendations in the regulatory framework have been evaluated from legal scientific point of view. In this context state guidelines retain their status as a topical scientific and practical legal issue.
The article presents a brief analysis of recommendation acts and an evaluation of their legal nature in context of domestic and foreign legal literature; examines the functional role of state guidelines in light of trends of soft-law development, which compliance is not ensured by measures of state enforcement; reveals the content and functional value of state guidelines in context of COVID-19 pandemic; identifies the role of state guidelines in context of interaction between national and international law and their importance in implementation of international treaties of the Russian Federation and resolutions of international organizations that are binding on the Russian Federation, as well as in the implementation of recommendation acts of international organizations.
In conclusion the author determines that state guidelines meet modern requirements of social life democratization and contribute to the formation of a new legal culture in context of the legal regulation of social relations and behavior of every citizen and society as a whole. They represent changes in the system of administrative and legal regulation, in development of administrative and legal forms, in the administrative and legal culture, and in the efficiency and quality of public administration.

Keywords: state guidelines, recommendation acts, soft law, international recommendation acts, international organizations, legal nature, pandemic

For citation. Nozdrachev A. F. The Meaning and Legal Nature of State Guidelines. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 16—29. (In Russ.) DOI: 10.12737/jflcl.2022.045

  Download

Anatoly V. Naumov
University of the Prosecutor’s Office of the Russian Federation, Moscow, Russia, yasenaum34@mail.ru, https://orcid.org/0000-0003-2948-0960

Abstract. Many of the Soviet attributes of the theoretical and methodological approach to solving the problems of combating crime retain their significance, and the works of classical criminologists of the Soviet era are included in the “golden” fund of the national science of criminal law. At the same time, the goals of the comparative research method are becoming purely practical: its application should serve to search for what can be used in the law-making practice of the domestic legislator, that is, what, firstly, is absent in our legislation, and, secondly, can be borrowed from foreign legislation and implemented in our law. Both should not contradict both the established domestic system of criminal legislation and its new principles, including those fixed in the updated Constitution of the Russian Federation.
The purpose of the research is to identify the position of the domestic doctrine of criminal law on the content of the comparative legal method of research (including the concept of comparative studies) in the changed socio-political and other conditions of the relationship between the Russian Federation and the West (USA—EU).
The general methodological bases of the study are the basic provisions of the dialectical method of cognition of phenomena, which presupposes their study in constant development, close relationship and interdependence. In addition, the article uses general scientific methods (comparison, analysis, synthesis, induction, deduction) and private scientific methods (formal-logical, system-structural).
Main conclusions and consequences. Any borrowing of foreign experience in the construction of criminal law prohibitions should always correspond to domestic law-making traditions and the need for their use in the context of the implementation of tasks (functions) of criminal legislation. As an example, two cases of the obvious need for a domestic legislator to borrow someone else’s law-making experience are given: a) the creation of such a system, created in almost all European countries and, especially in the USA, of crime prevention as a probation service; b) the introduction of criminal liability of legal entities, which has become widespread not only in the legislation of the common law system, but also in the European continental legal system (only Russia, Belarus and Germany are not covered), socialist law (for example, China), a number of Muslim countries, Israel.

Keywords: doctrine of criminal law, comparative legal method, criminal law of foreign countries, Criminal Code

For citation. Naumov A. V. On the Specifics of the Content and Orientation of the Comparative Legal Method of the Science of Criminal Law in Modern Conditions. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 30—36. (In Russ.) DOI: 10.12737/jflcl.2022.046

  Download

Olga I. Semykina
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, semykola@yandex.ru, https://orcid.org/0000-0002-2557-8648

Abstract. The author, within the transformation processes of the traditional concept of state sovereignty, reveals the external and internal aspects of the “legal sovereignty” of the Criminal Code of the Russian Federation. In particular, the article reviews the provisions of the documents of the integration associations of the CIS, the CSTO and the SCO, relating to sovereignty as a fundamental principle of international relations and “legal sovereignty” to determine the limits of national jurisdiction of the criminal law, criminalization and penalization of acts.
The purpose of the study is to reveal the constitutional foundations of the Russian Federation relating to the “legal sovereignty” of the state to determine the limits of national jurisdiction of the criminal law, criminalization and penalization of acts. The task of conducting a comparative legal analysis of the “legal sovereignty” of the criminal codes of the Russian Federation and the CIS member states is resolved to consolidate the principle of the extraterritorial effect of the criminal law for crimes of an extremist orientation and a terrorist nature, as well as to introduce penalties in the form of deprivation of citizenship and expulsion from the state in case of such acts.
The key means and ways to achieve the goal is to study approaches to the study of state sovereignty to regulate the sphere of criminal law using the dialectical method of cognition, general scientific methods of consistency, determinism, modeling, analysis and synthesis, as well as special legal methods: comparative legal, logical and legal, content analysis of documents.

Keywords: state sovereignty, national security, criminal law, criminal code, extraterritorial action, strategy for combating crime, crimes of a terrorist nature, crimes of an extremist nature, deprivation of citizenship, expulsion

For citation. Semykina O. I. Sovereignty of the State — the Legal Basis for the Operation of the Criminal Law in Space. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 37—47. (In Russ.) DOI: 10.12737/jflcl.2022.047

  Download

Georgy A. Rusanov
National Research University “Higher School of Economics”, Moscow, Russia, georgyrusanov@mail.ru, https://orcid.org/0000-0002-7942-8215

Abstract. The article examines the features of the criminal law impact of the state on the economy depending on the classical economic models on the example of the criminal legislation of the PRC, Germany and the United States. The state’s criminal-legal influence on the economy is a special case of state influence; and, therefore, the degree of the state’s criminal-legal interference in the economy should correspond to the degree of state influence as a whole.
The aim of the study is to show the relationship between the level of the state’s criminal-legal impact on the economy and the economic model.
The study required the use of comparative legal and dialectical methods of cognition.
In particular, the article notes that the level of criminal law impact of the state in a planned economy is much higher than in states with a market or mixed economy. At the same time, during the transition period (with the transformation of the economic model) the following contradiction takes place: the limits of the criminal law impact on economic relations are decreasing, but the role of criminal law in their protection is increasing. All spheres of the state’s criminal-legal impact on the economy can be conditionally subdivided into two groups: 1) spheres that protect the role of the state in the existing economic model; 2) those areas that protect market relations in the economic model. For states — where market relations are developed (market or mixed economy) — it is specific to have at first hand market institutions in the field of protecting economic relations.

Keywords: criminal law impact, limits, USA, China, Germany

For citation. Rusanov G. A. Features of the Criminal Law Impact of the State on the Economy in States with Classical Economic Models. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 48—62. (In Russ.) DOI: 10.12737/jflcl.2022.048

  Download

Edvard Pilipson
Riga Stradins University, Riga, Latvia, e.pilipsons@privattiesibas.lv

Abstract. This article’s objective is contractual succession institutions’ subject-matter problematic aspects. This institution includes both succession contracts and agreements and joint wills. Also contractual succession institution includes a marriage contract, which includes in its compound a hereditary clause. In the situation of creating hereditary mass objects, the norms of both the right of inheritance and the norms of the law of obligations are involved. This feature is contractual successions’ main objective. By this circumstance, a legal regime is being created. This legal regime essence is that obligation law norms affect inheritance law norms emergence, existence and, accordingly, cessation. If hereditary mass is opened, when inheritance law objects arise, then a retroactive effect of the norms of the competent legal regulation emerge in regard to objects on the norms that form the essential components of contracts, agreement and deals until the opening of the hereditary mass. Exactly these circumstances are situated by the purpose of the analysis of this article.

Keywords: future inheritance, donation mortis causa, contract of inheritance, contractual inheritance, significant legal relationship, multiplicity of collision bindings

For citation. Pilipson E. Contractual Succession Subject-Matter Issues. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 63—71. (In Russ.) DOI: 10.12737/jflcl.2022.049

  Download

Elena V. Sychenko¹, Aleksei Y. Chikhachev^{2
1, 2}Saint Petersburg State University, Saint Petersburg, Russia
¹e.sychenko@mail.ru, https://orcid.org/0000-0002-7045-9218
²alexchikhachev@gmail.com, https://orcid.org/0000-0002-7648-8087

Abstract. This article explores the system of legal regulation of labor relations in France at the present stage. The main focus is on the analysis of the 2017 reform launched by the President Emmanuel Macron, as well as on the measures to protect the labour market taken in 2020—2022 in response to the COVID-19 Pandemic. The importance of political context of the reform and the president’s intention to adapt legal mechanisms to modern economic realities giving them additional flexibility is emphasized. The main substantive accents of the presidential project are revealed: emphasizing collective agreements to the detriment of branch and individual agreements; creation of a new representative body at enterprises (CSE); changing the regulation of working hours, etc. The most significant decisions of the government — that affected labour relations during the COVID-19 crisis — are summarized, including the “state of emergency” in the field of health care as well as state financing of wages and support of youth. It is emphasized that during this presidency, Macron’s policy has repeatedly faced public opposition, expressed, in particular, in the “yellow vests” crisis. His steps even deepen a socio-economic split, which the Fifth Republic has been experiencing for several decades, while their positive effect turned out to be mostly situational and does not lead to the restructuring of the entire model of French welfare state. As a result of the study, the authors come to the conclusion that some of the decisions of the French government can be equally interesting for Russia (mainly as for supporting medium and small businesses). However, in Russian realities a liberal message of Macron’s reform would lead to excessive benefits for employers at the expense of workers.

Keywords: France, labor law, French Labor Code, collective agreements, collective negotiations, COVID-19, sanitary pass, Emmanuel Macron

For citation. Sychenko E. V., Chikhachev A. Y. The Features of French Labor Law: The 2017 Reform and the COVID-19 Pandemic. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 72—82. (In Russ.) DOI: 10.12737/jflcl.2022.050

  Download

Olga M. Sakovich¹, Rodion V. Nikonov^{2
1, 2}Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
¹sakom4918@yandex.ru, https://orcid.org/0000-0001-9592-2822
²r.nikonov@hotmail.com, https://orcid.org/0000-0001-9754-7675

Abstract. The article on ways to counter climate change examines the legal mechanisms for reducing greenhouse gas emissions applied in a number of European Union states, in particular Germany, France, the Czech Republic, Slovakia, Slovenia and Croatia. The attention of the authors is drawn to international acts containing the legal basis for the development of national legislation in the field of reducing greenhouse gas emissions. The subject of the study is the legal order of foreign countries with different levels of economic development, since the amount of greenhouse gas emissions is closely related to the structure of the economy. The peculiarities of the implementation of the relevant EU regulations into national laws are of scientific interest. Along with the legislation, the positions of Russian and foreign scientists in this field are analyzed.
The main focus is on legislation regulating greenhouse gas emissions and establishing ways to limit them in these countries. There is a general trend towards the adoption of laws on the transition to a low-carbon economy. The problems of competence of bodies and responsibility of legal entities and individuals in this area of legal relations — operators and operators of installations and aircraft are touched upon.
The general features and peculiarities of the legal regulation of greenhouse gas emissions in these states are revealed. There is a tendency to observe the balance of economic and environmental interests of society, the use of mainly economic incentives in order to consciously comply with the requirements of laws by their addressees. Trends in the legal regulation of greenhouse gas emissions over the past decade have been identified and a comparative analysis of legal measures to reduce greenhouse gas emissions adopted and used in the countries under consideration has been carried out. The desire of foreign legislators to mitigate as much as possible the economic and social damage associated with the adoption of measures to limit greenhouse gas emissions in certain sectors of the economy and regions is noted.

Keywords: climate change, greenhouse gas emissions reduction, greenhouse gas emission quotas, greenhouse gas emissions trading, low-carbon economy, alternative energy sources, legislation, economic incentives, liability measures

For citation. Sakovich O. M., Nikonov R. V. Legal Support for Reducing Greenhouse Gas Emissions: Foreign Experience. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 83—92. (In Russ.) DOI: 10.12737/jflcl.2022.051

  Download

Maryat S. Beslaneeva
National University of Oil and Gas “Gubkin University”, Moscow, Russia, beslaneeva_m.s@mail.ru

Abstract. The article provides an analysis of the CIS countries legislation in the field of regulation of the subsoil use waste.
The purpose of the study is to identify the patterns of formation and legislative consolidation of the legal regime of subsoil use waste in the CIS countries.
The study is based on the regulatory legal acts of the Republic of Kazakhstan, the Republic of Armenia, the Republic of Azerbaijan and other CIS countries governing relations in the field of subsoil use and management of its waste. According to the results of the analysis, the author revealed the regularities of the formation and features of the legal regime of subsoil use waste in the framework of relations on the use of subsoil (mining relations). The results of the study form the theoretical and practical basis for the formation and implementation of the legal regime of mining waste in Russian Federation.

Keywords: legal regime, legal regulation, subsoil, subsoil use, subsoil use waste, legislation, mining relations, mining law, CIS countries

For citation. Beslaneeva M. S. Comparative Characteristics of the Legal Regime of Subsoil Use Waste in the CIS Countries. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 93—101. (In Russ.) DOI: 10.12737/jflcl.2022.052

  Download

Anatoly I. Kovler¹, Evgenia V. Kosheleva^{2
1, 2}Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, venkom@izak.ru

Abstract. The article is devoted to the methodology of collective comparative legal research carried out by the European Commission for Democracy through Law (Venice Commission) under the terms of the “enlarged agreement”. Having turned from a narrow circle of European experts into a transnational constitutional forum, the Commission has the task to develop an approach based on universal values. It seems that only if such a task is successfully achieved, the Commission will be able to continue to carry out its main goal: to promote and develop the idea of democracy through law. One of the main tools on this path is comparative legal research. The article consistently examines: the grounds for the application of the comparative legal method in the documents of the Venice Commission; characteristic features of the practice of comparative legal research; and their main methods: dogmatic, functional, contextual and historical. Separately, the article investigates insufficient consideration of country specifics in Commission’s activities, when it forms standards claiming to be universal.

Keywords: comparative legal studies, European Commission for Democracy through Law, dogmatic method, functional method, contextual method, historical method

For citation. Kovler A. I., Kosheleva E. V. Comparative Legal Method in the Acts of the Venice Commission. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 102—112. (In Russ.) DOI: 10.12737/jflcl.2022.053

  Download

Anna A. Kashirkina
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, anna-kash@yandex.ru, https://orcid.org/0000-0002-4269-8262

Abstract. The European Commission for Democracy through Law (Venice Commission), while adopting opinions and other documents on various issues within its competence, actively relies on the generally recognized principles and norms of international law. At the same time, the Venice Commission states that, when adopting its conclusions, the European standards enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms are at the forefront, in approaches modeled in the practice of the European Court of Human Rights.
With the help of dialectical methods of cognition (formal-legal, comparative-legal, systemic-structural, historical, analytical, logical, etc.), the author examines the specifics of the interpretation given by the Venice Commission, when adopting various documents, taking into account the generally recognized principles and norms of international law.
The study concludes, in particular, that the interpretive interpretation carried out by the Venice Commission actively relies on the generally recognized principles and norms of international law, including international treaties adopted under the auspices of the United Nations, and on European standards, including the practice European Court of Human Rights, in its own specific understanding. In addition, the conclusions and other acts adopted by the Venice Commission are acts of “soft” law and are advisory in nature, which indicates that the interpretation of the Venice Commission is not a kind of international legal, but a doctrinal interpretation of a complex nature. This allows the Venice Commission to quite actively modernize the tools of international law, creating its own framework for understanding certain generally recognized principles and norms of international law in the modern “sound”. Such activities make a significant contribution to the modernization of the generally recognized principles and norms of international law, since they, even though they are the norms of “hard” law and are of a basic nature for states and other subjects of international law, nevertheless are not frozen categories in time. and space. At the same time, the interpretive interpretation carried out by the Venice Commission should not be used as a political instrument of interference in the internal affairs of states.

Keywords: European Commission for Democracy through Law, Venice Commission, generally recognized principles and norms, international law, constitution, conclusion, European Court of Human Rights

For citation. Kashirkina A. A. Reflection of Generally Recognized Principles and Norms of International Law in the Opinions of the Venice Commission. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 113—125. (In Russ.) DOI: 10.12737/jflcl.2022.054

  Download

Ruslan S. Dimitriev
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, dimitrievr@yahoo.com

Abstract. In Russia, there is a lack of legislative regulation of one of the relatively new legal phenomena — the life-cycle contract. In the formation of its regulation, the results of the analysis of the best practices of forms of public-private interaction in foreign countries can be useful. The complexity of comparative legal research, however, lies in the fact that an identical analogue of the Russian life-cycle contract is not observed abroad. At the same time, in foreign countries, a lot of relatively stable contractual and legal models are used, containing elements that are similar to the elements of the Russian life-cycle contract.
The objectives of this article are to identify the common and specific between the Russian life-cycle contract and foreign forms of public-private interaction, analyze the relevant foreign legal regulation, as well as develop proposals for improving Russian legislation in the field of life-cycle regulation. The author has analyzed the relationship between the Russian life-cycle contract and foreign agreements on public-private partnerships (PPP) using documents from the UN, the European Union, the World Bank, the CIS, and also assessed the coverage of this topic in foreign doctrine. Life-cycle contracts are also matched against design, procurement and turnkey construction (EPC) contracts. Legal assessment of performance-based contracts (PBC) is given. In addition, an analysis of the use of the term “life-cycle contract” (LCC) in Russia and abroad is presented.
During the research, general scientific methods of analysis, synthesis, analogy and modeling were used. The private scientific comparative legal method was actively used as well.
Based on the results of the study, it was concluded that there is no stable, identical analogue of the Russian life-cycle contract abroad, the idea of the need to adopt in Russia a framework law on the forms of public-private partnerships, a legal analysis of a foreign treaty with efficiency parameters — an undeveloped area of lawmaking and law enforcement in Russia, which can become a new theoretical concept in Russian jurisprudence.

Keywords: life-cycle contract, public-private partnerships, concession agreements, public procurement

For citation. Dimitriev R. S. Russian Life Cycle Contract and Foreign Forms of Public-Private Interaction: Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 126—138. (In Russ.) DOI: 10.12737/jflcl.2022.055

  Download

Artem M. Tsirin¹, Sergey N. Matulis², Vladimir V. Matveev^{3
1, 2, 3}Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, anticor@izak.ru

Abstract. The article provides an overview of the XI Eurasian Anti-Corruption Forum “Combating Corruption as a national priority in Practice, Science and Education”, held by the Institute of Legislation and Comparative Law under the Government of the Russian Federation on April 20, 2022. The main attention of the Forum participants was paid to discussing the role and place of anti-corruption in ensuring the national security of the state and the realization of constitutional rights and freedoms of citizens, understanding the current problems of legal consolidation of national interests in the field of anti-corruption, ways to expand socio-cultural impact on the causes and conditions of corruption, as well as prospects for the formation of a unified Eurasian anti-corruption strategy.

Keywords: corruption, crime, counteraction, priority

For citation. Tsirin A. M., Matulis S. N., Matveev V. V. Combating Corruption as a National Priority in Practice, Science and Education. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 139—150. DOI: 10.12737/jflcl.2022.056

  Download

Evgenia V. Kosheleva¹, Iana I. Lebedeva², Evgeniy A. Fokin^{3
1, 2, 3}Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, venkom@izak.ru

Abstract. The article provides an overview of the round table meeting “Comparative Constitutional Studies: Conceptual Framework”, held on April 27, 2022 at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The participants discussed methodological problems of using the system of concepts and terms in comparative legal studies. The effectiveness of the comparative legal method as such is noted, but its successful use should be based on a clear system of terms. The problem of the formation of the conceptual apparatus is relevant for international and constitutional law, research in the field of integration associations, the judiciary, etc.

Keywords: comparative constitutional law, comparative jurisprudence, international law, conceptual apparatus

For citation. Kosheleva E. V., Lebedeva I. I., Fokin E. A. Comparative Constitutional Studies: Conceptual Framework. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 151—157. DOI: 10.12737/jflcl.2022.057

  Download

Yuri V. Truntsevsky
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, trunzev@yandex.ru, https://orcid.org/0000-0002-8425-2533

Abstract. The 100th anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation is a date that inevitably forces us to turn to the very origins of the scientific activity of this authoritative scientific institution. The very creation of the Institute was due to the urgent problem of the young Soviet state — the fight against crime. The solution of this problem predetermined the search for effective methods of studying the personality of the criminal and crime. Who embodied the anthropological and social ideas of the first criminological cabinet in the State Institute for the Study of Crime and the Criminal, established under the NKVD of the RSFSR, has become an all-Union criminological center providing methodological assistance and scientific guidance to criminological laboratories (offices) created everywhere in our country since the MID-1920s. Such work at the Institute was carried out by prominent scientists who have authority not only in the Soviet state, but also abroad. Among them are specialists in penitentiary affairs, in particular, the director of the Institute and the head of the Main Department of Detention Facility of the NKVD E. G. Shirvindt, criminologists, including M. N. Gernet, psychiatrists and anthropologists, who were widely recognized even before the revolution. The combination of domestic, including revolutionary, approaches to the socio-biological analysis of the personality of a criminal and crime with world achievements in this field allowed the Institute to develop a promising methodology for studying the personality of a criminal to this day.

Keywords: crime, research, criminology, criminal identity, foreign experience, penitentiary congress, M. N. Gernet, E. G. Shirvindt

For citation. Truntsevsky Y.V.On the Methodological Foundations of Criminological Research on the Study of the Criminal’s Personality. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 158—168. (In Russ.) DOI: 10.12737/jflcl.2022.058

  Download

  Download