No 2 (2025)
ARTICLES
Cryptocurrency as a criminal legal category in Russian law: concept, meaning and problems of legislative regulation
Abstract
The subject of the study of this article is the theoretical, legal and practical aspects of the analysis of cryptocurrencies used in the commission of certain types of criminal offenses, both financial and otherwise of various kinds within the framework of Russian criminal law policy. The purpose of the research is to characterize the current problems of understanding cryptocurrencies in the criminal law sense, as well as to develop a set of measures to improve current legislation in this area. The author characterizes the polysemantic essence of the term cryptocurrency itself, its volatility, and also proves the practical need to recognize cryptocurrencies as the subject and means of committing crimes. A significant theoretical and regulatory framework has been studied in the context under consideration. The author provides examples from Russian judicial practice to confirm his position. In this work, the method of system analysis, normative-legal, dialectical, statistical, logical, formal-legal and other methods that are widely recognized in modern legal science were actively used. The importance of using certain conceptual regulatory documents of regulatory branches of law, namely civil, banking and others, in the process of improving the current law, is emphasized for the process of proper qualification of certain types of criminal encroachments, illegal use of cryptocurrencies as a quasi-financial instrument. In order to form a uniform judicial practice, as well as eliminate existing contradictions, the author proposes updating the "basic legal structures" of the current regulatory legal acts of the Russian Federation and certain provisions in the Resolutions of the Plenum of the Supreme Court of the Russian Federation in the field of criminal analysis of cryptocurrencies in the mechanism of committing crimes, which together constitute the novelty of scientific research. The scope of the results provides for the possibility of practical use of the proposed recommendations in the process of improving current legislation.
Police and investigative activities. 2025;(2):1-9
1-9
The concept and role of the victim in the system of participants in criminal proceedings: a comparative legal analysis of the legislation of Russia and the CIS countries
Abstract
The object of the study is the social relations concerning the victim in the criminal proceedings of Russia and the CIS countries. The subject of the study is the norms of the criminal procedural legislation of Russia and the CIS countries that regulate the concept of the victim, their place among the participants in the criminal proceedings, and define the functions they perform during criminal case proceedings; also analyzed were scientific articles, monographs, and dissertations dedicated to the above-mentioned issues. The aim of the work is a comprehensive analysis of the norms of criminal procedural legislation of Russia and the CIS countries, on the basis of which the advantages and disadvantages of domestic legal regulation of the concept of the victim and their place in the system of participants in the criminal process are identified, and proposals for its improvement are formulated. The research methods used included dialectical, comparative-legal, inductive, and deductive methods. Together, they allowed for the study of the concept of the victim, their place among the participants in the criminal process, the comparison of existing approaches to definitions of the victim in the legislation of individual CIS countries, the identification of their positive and negative aspects, and, based on the findings of the research, the formulation and justification of conclusions. The scientific novelty of the research lies in the fact that the comparative-legal analysis of the legislation of Russia and the CIS countries allowed for a different perspective on the domestic legal regulation of issues related to the concept of the victim, highlighting both positive and negative aspects. The main conclusions of the research are: a proposal to improve the legislative definition of "victim" as enshrined in the Criminal Procedure Code of the Russian Federation by including a reference to the possibility of recognizing a person as a victim as a result of harm caused not only by a crime but also by a socially dangerous act that contains elements of a crime; a conclusion that the current classification of participants in the criminal process does not accurately reflect the existing state of affairs and, in particular, that the victim primarily performs not the function of prosecution but the function of protecting their interests; and a conclusion regarding the reasonableness and fairness of the contemporary legislator's approach that allows legal entities to participate in criminal proceedings as victims.
Police and investigative activities. 2025;(2):10-22
10-22
Prospects for the use of artificial intelligence within the boundaries of privacy and security of cryptocurrency market participants
Abstract
The subject of the study is the dependencies, trends and key features of the turnover of cryptocurrencies as a separate phenomenon. The purpose of the study is to analyze the key features of the cryptocurrency turnover and the problems of their legal regulation, followed by the development of practical proposals for the prevention of cryptocurrency crime. The objectives of the research are: analysis of modern technologies related to cryptocurrencies; their features and degree of influence on financial markets; problems of prevention and legal regulation of cryptocurrencies in Russia. The object of research is formed by public relations related to the use of cryptocurrencies in the financial market. Cryptocurrencies represent one of the most significant phenomena in financial technology. In the context of globalization and digitalization, they provide new opportunities for transactions, investments and storage of funds. However, the rise of decentralized finance, anonymous wallets, and NFT scams has turned blockchain into a "new shadow" of the global economy. This confirms the importance of developing new techniques and means of preventive activities of law enforcement agencies. The methodological basis of the work is the method of dialectical cognition, thanks to which it was possible to study the object and subject of research in relation to the domestic criminal legislation and other normative legal acts. The theoretical and methodological basis of the research is various logical techniques and means of scientific knowledge, general scientific and private scientific methods: modeling, forecasting, formal legal. The novelty of the study is due to the analysis of modern official statistical data and materials of investigative and judicial practice on the state of cryptocurrency crime in Russia. The study of domestic legal acts in the field of the use of financial assets allowed us to conclude that the status of cryptocurrencies is uncertain. The authors summarize that cryptocurrency crime does not require prohibitions, but a rethinking of law, because it is not technology that poses a threat, but its exploitation in conditions of legal inequality. The main conclusions obtained by the authors relate to determining the financial characteristics of cryptocurrencies, their volatility, liquidity, and risk assessment of use. The trend of increasing demand for the integration of cryptocurrencies into traditional financial systems has been proven. The problems of legal regulation and regulatory consolidation of the concept of "cryptocurrency", including in domestic criminal legislation, are outlined. The main reasons for the spread of cryptocurrency crime and the prospects for preventive activities of investigative authorities based on the capabilities of artificial intelligence have been identified.
Police and investigative activities. 2025;(2):23-38
23-38
Exemption from Criminal Liability: History of the Formation and Development of the Institution in Domestic Law, Current State, and Development Prospects.
Abstract
The article examines the institution of exemption from criminal liability in Russian law, its historical evolution, and current state. This institution is considered a key element of criminal policy, ensuring a balance between the inevitability of punishment and the principles of humanism. The main object of the study is the regulatory legal acts that govern the grounds for exemption from criminal liability in domestic law. The analysis covers a wide historical period: from ancient Russian legal monuments to contemporary legal sources. The subject, in turn, is the institution of exemption from criminal liability itself, as an independent legal mechanism in its evolution, key principles, and practical significance for criminal law. This institution is examined from several aspects: normative, functional, and historical-legal. The methodological foundation of the work is a historical-legal analysis that combines comparative legal and formal-legal methods. This approach allows for tracing the continuity of legal norms, identifying the patterns of the development of the institution, and its interrelation with changes in public consciousness and government policy. The scientific novelty of the research lies in the comprehensive historical-legal analysis of the evolution of the institution of exemption from criminal liability in Russian legislation from the 11th century to the present, which has allowed the identification of four distinctly marked stages of its development and the tracing of its transformation from archaic forms of royal pardon to the modern system of differentiated legal mechanisms. Particular value is placed on the analysis of the less-studied aspects of the emergence of this institution in ancient Russian law, as well as the study of the continuity of legal approaches between the pre-revolutionary, Soviet, and modern periods. In the future, the further development of the institution is linked to adaptation to new challenges, including the digitization of crime and the transformation of economic offenses. An important task remains the search for an optimal balance between repressive and restorative measures, which requires a balanced approach from the legislator and scientific reflection on the proposed changes.
Police and investigative activities. 2025;(2):39-59
39-59
The death penalty as a tool in the fight against terrorism: international experience and Russian practice
Abstract
The subject of this research is the institution of the death penalty as a specific tool against terrorism in the modern legal landscape. The authors conduct a comprehensive analysis of the legal nature of the highest measure of punishment and its application to terrorism-related crimes, considering this institution of criminal law in the context of international human rights standards and national legal systems. Central attention is given to the key contradiction between the necessity of protecting society from terrorist threats and the obligations to uphold fundamental individual rights. Special emphasis is placed on the study of international legal standards and their relationship with national legal systems, including the Russian legal specificity with its current moratorium and discussions about its possible revision. The analysis covers both normative aspects and the practical application of relevant provisions, allowing for the identification of contemporary trends in the development of anti-terrorism legislation. The work presents a comparative analysis of law enforcement practices in various countries, including those that maintain the death penalty (Iran, the USA, China) and those that have abolished it (EU), as well as an analysis of foreign legislation, judicial practices, and statistical methods. The scientific novelty of the research lies in the development of a comprehensive approach to assessing the effectiveness of the death penalty as a means of combating terrorism, based on an analysis of contemporary legal trends and criminological data. The authors examine the issue of judicial errors in terrorism cases for the first time through the lens of the specifics of anti-terrorist activities, where a lack of information is combined with the necessity for prompt responses. The analysis conducted allows for the conclusion that an effective anti-terrorism policy should be based on a balanced combination of strict punitive measures with preventive programs and international cooperation. In this regard, the adherence to legal guarantees and humanitarian principles takes on special significance, which is particularly relevant in the context of discussions about the application of exceptional punitive measures. For further research, a promising direction will be the development of quantitative methods for assessing the impact of alternative penal measures on the level of terrorist threats, as well as the analysis of social and economic factors contributing to radicalization. This will allow for a shift in the discussion of the death penalty to the realm of empirically justified decisions.
Police and investigative activities. 2025;(2):60-70
60-70
One-day firms as a tool of illegal banking activity
Abstract
Using of "one-day firms" in criminal activities, and especially in the economic sphere, has become a regular occurrence. Fictitious organizations have become not only a legal but also a social problem. The subject of the research is a comprehensive analysis of the current state of crime, in particular regarding the commission of illegal banking activities related to the illegal cashing and transit of funds through the involvement of "one-day firms", as well as an analysis of government regulators used to combat this category of crimes. The object of the research is the "one-day firms" as a social phenomenon, as well as government and other regulators that help identify them and curb their activities. The purpose of the research is to characterize "one–day firms" and highlight their main features, identify the most relevant and significant problems for law enforcement practice in this area and ways to solve them. To achieve this goal, the methods of analysis, synthesis, generalization, content analysis of documents, comparative legal, formal logical and systematic were used. The novelty of the research is due to the interdisciplinary approach to the consideration of the institute of "one-day firms", which includes criminal law, criminological and economic criteria. The paper systematizes the main features of nominal organizations based on the analysis of legal doctrines, judicial practice and statistics of government agencies, and as a result, the general concept of "one-day firms" is formed. The results of the study were the definition of the role of "one-day firms" in the schemes of illegal banking activities, as well as a detailed analysis of modern automated services and systems that are used to identify and suppress the activities of fictitious organizations. The paper presents and analyzes the extent of the damage caused by the activities of nominee firms, including the direct relationship between the turnover of funds in the country and the share of GDP, and also examines the role of interdepartmental cooperation in the investigation of this category of crimes and assesses the effectiveness of government regulators.
Police and investigative activities. 2025;(2):71-86
71-86
Preventing recidivism by individuals who have served non-custodial sentences by the community policing officers
Abstract
The article is devoted to the development of the institute of district police officers in the Russian Federation from historical and legal perspectives, starting from the pre-revolutionary era. At the contemporary stage, the genesis of normative legal acts regulating the organization of the activities of district police officers is revealed. Problematic issues of the service's activities are studied, particularly the workload of district police officers in the context of staff shortages. An analysis of the current legislation in the field of preventing recidivism by individuals who have been convicted or have served non-custodial sentences is conducted by the district police officers. Issues regarding the activities of district police officers within the framework of preventing administrative offenses and crimes in their assigned administrative areas are considered, along with the definitions and objectives of preventive measures, as well as their structure. This work will utilize the following methodological foundation during the research. Specifically, standard theoretical general scientific methods will be applied, such as systemic, structural-functional, and statistical methods. In addition to the aforementioned, general logical methods—comparison, induction, analogy, synthesis—as well as specific legal methods will be used. Currently, units of district police officers at all levels of management continue to fulfill the tasks assigned to them, maintain public order, ensure public safety in the state, investigate crimes, and carry out preventive activities. Today, in the system of internal affairs bodies, the units of district police officers have been and remain a crucial link in the fight against crime, maintaining law and order and legality. The scientific novelty lies in identifying factors that negatively affect the organization of the district police officers' activities in preventing recidivism, as well as in developing proposals for amending the Instruction for District Police Officers. The shortcomings identified in the normative legal acts regulating the activities of district police officers, when combined, will positively influence the effectiveness of preventing recidivism by the forces of district police officers.
Police and investigative activities. 2025;(2):87-106
87-106
Public calls for the aggressive war as a crime under Russian law: discussion aspects
Abstract
The subject of this study is the composition of the crime established in Article 354 of the Criminal Code of the Russian Federation. The author draws attention to the fact that this crime is not new to the criminal legislation of Russia: criminal liability for the propaganda of aggression was already provided for in Soviet legislation, its introduction taking place after the Great Patriotic War. The article presents an examination and analysis of the specified composition of the crime, as well as raises a number of problematic questions, such as the differentiation from the institution of complicity, the distinctions between propaganda and public calls, and the characteristics of qualified compositions. The author separately addresses the issue of qualifying public calls in the information space, including the use of the Internet, as special graphic images – emoji symbols – are becoming widely spread. In preparing the study, the author used formal-legal, historical, comparative methods, as well as methods of analysis, deduction, and induction. The main conclusions of the conducted research are that public calls for unleashing an aggressive war are understood as statements expressed in any form, aimed at inciting the intention to unleash an aggressive war among an indefinite circle of persons. At the same time, the calls must be specific: their form must clearly indicate the actions to which the offender is calling; therefore, emoji symbols without textual accompaniment cannot represent a call to commit anything. The scientific novelty of the work also lies in the fact that the author identified differences in the concepts of "propaganda of aggression" and "public calls for unleashing an aggressive war" to resolve questions about the content of the objective side of the latter. The composition of the crime is formal – the crime is complete from the moment of the public call, regardless of the outcome.
Police and investigative activities. 2025;(2):107-120
107-120
On the issue of participants in the examination of testimonies during the investigation of road traffic offenses
Abstract
The subject of this research is the determining and selecting of participants during the verification of their testimonies in traffic crimes investigation. The author pays special attention to the study of problems related to determining the optimal composition of participants for on-site testimony verification in the investigation of traffic offenses. The author examines various approaches to solving these issues, studying the norms of criminal procedural legislation in the Russian Federation and CIS countries, as well as analyzing judicial practice and specialized literature on this topic. Particular attention is paid to the assistance that each of the analyzed participants can provide to the law enforcement during the investigation of traffic crimes. The aim of the study is to develop practical recommendations for law enforcement on forming a rational composition of participants in investigative actions. The methodological framework of the study includes: the method of critical analysis, the method of legal modeling, comparative legal method, and the observation method. The scientific novelty of the research lies in the author's examination of participants involved in on-site testimony verification during the investigation of traffic crimes. The author summarizes new material on the researched topic: official statistics on accident rates for the first four months of 2025 and official statistics on crime levels for 2023, 2024, and the first four months of 2025, examples from judicial practice for October and November 2024, as well as the author's experience in investigating traffic crimes. The main conclusions of the scientific research are: first, the analysis of the normative regulation of the composition of participants in on-site testimony verification in Russian and foreign criminal procedural legislation; second, the identification of key participants and the determination of their roles in achieving the goals and objectives of this investigative action; third, the conclusion regarding the necessity of involving participants based on the assistance each can provide to the law enforcement during the investigation of traffic crimes.
Police and investigative activities. 2025;(2):121-144
121-144
A fair verdict and the limits of proof in a trial involving a jury
Abstract
The limits of proof at the judicial stage are limited by the amount of charges brought by the preliminary investigation body or changed by the prosecutor, which is allowed in cases of application of a criminal law that improves (mitigates) the defendant's position compared to the previously incriminated qualification of the act by the investigator or inquirer. When considering criminal cases involving jurors (hereinafter referred to as jurors), the limits of proof also depend on the stage of the trial, and therefore the limits of proof are allocated for the stages with the participation of jurors, limited by the presentation and examination of evidence in the framework of questions, the answers to which fall within the competence of the jury in reaching a verdict, and subsequent stages of issues resolved by a professional judge. The article analyzes the legislative norms and judicial practice that define the quantitative and qualitative limits of proving circumstances that are subject to evaluation by a jury. Within the framework of the study, the authors consider the issues of the fairness of verdicts under the existing limitations of the available data that can be investigated with the participation of a jury, as well as ways to achieve a balance between the limits of evidence, the competence of the jury, the questionnaire and a fair verdict. General scientific and special methods were used in the research, among which it is necessary to single out the dialectical method of cognition, historical, comparative legal, analysis, synthesis and a number of other methods. The authors draw conclusions about the expediency of making changes to the criminal procedure legislation of the Russian Federation in order to ensure a fair verdict by eliminating contradictions between the competence of jurors and the information provided to them within the limits of evidence. The current restrictions on the examination of the defendant's personality by the jury cast doubt on the fairness of the jury's answer to the question of whether the defendant deserves leniency. The jury can answer this question objectively only after the parties have provided them with information about the defendant's personality, the motivation for his criminal behavior, and other circumstances concerning the subjective side of the crime. However, at present, due to a legislative ban, this information is not examined regardless of the age category of the defendants and, accordingly, cannot be assessed by the jury.
Police and investigative activities. 2025;(2):145-159
145-159
From Jokes to Crimes: The Transformation of Deviant Behavior on the Internet
Abstract
The subject of this research is the peculiarities of qualification and criminal law response to trash streams - online broadcasts containing scenes of violence, humiliation, and other forms of aggression carried out for the purpose of profit. The focus is on analyzing the mechanisms of legal assessment of such actions within the framework of current legislation, identifying gaps in law enforcement practice, and discussing possible models of regulatory regulation. Special attention is given to the problem of legal assessment of the behavior of viewers who stimulate violent content through donations, and the determination of the boundaries of acceptable self-expression in the public online environment. The work examines both existing norms of the Criminal Code of the Russian Federation and initiatives for their supplementation, as well as compares foreign practices, including the experiences of Germany, the United Kingdom, South Korea, and the Republic of Belarus. The formal-legal and comparative-legal methods are used, as well as an analysis of doctrinal sources and law enforcement practices taking into account criminological and sociocultural factors. The novelty of the research lies in the comprehensive criminal law assessment of trash streams as a form of public aggression committed for selfish purposes in the digital environment. It has been established that the current criminal legislation does not take into account the peculiarities of such actions and does not allow for a clear distinction between provocative self-expression and actions that pose a social danger. The necessity of normative specification of key features of the offense is justified: live broadcasting, the presence of elements of violence (physical or staged), and selfish motivation. The author proposes to consider targeted financing of illegal actions by viewers as a potential form of complicity. The significance of integrating fiscal control and identification mechanisms is emphasized, which is confirmed by examples of law enforcement in Germany, the United Kingdom, and Belarus. The conclusion is made regarding the necessity of a comprehensive state policy combining criminal law, organizational, and educational measures.
Police and investigative activities. 2025;(2):160-173
160-173