Ivan Yporov

The author makes an assessment of the legislative initiative to include the institution of criminal misconduct in the Criminal Code of the Russian Federation. In this regard, the contradictions in the development of criminal and tort-administrative law are revealed. The author justifies the proposal on the feasibility of radical reforming of these branches of legislation taking into account domestic legal assumptions.

The article reveals the features of the initial period in the process of formation of theoretical views on the institution of criminal punishment in Russia. It is noted that the origins of Russian legal thought on this matter should be referred to the related reasoning of Peter I in his interpretations of legal acts texts. The study of this problem was gradually becoming more active since the second half of the XVIII century, it was reflected in the "Mandate" of Catherine II, the works of S. E. Desnitsky, A. N. Radishchev and other thinkers who were more philosophical than legal in nature and bore the imprint of European culture. The full-fledged scientific works of Russian jurists appeared at the beginning of the nineteenth century (I. E. Neuman, O. G. Goreglyad, L. A. Tsvetaev, and others), where the research subject on various aspects of criminal punishment was expanded. In general, the ideas developed at that time are still relevant and form the basis of modern concepts about criminal punishment in the sphere of legal relations.

The article reveals the influence of the Cheka on the establishment of a punitive policy in the early years of the Soviet regime. The author analyzes legal acts regulating this sphere of public relations, archival documents, and scientific works dealing with the same subject. It is noted that the influence of the Cheka went beyond the tasks entrusted to this body, which was largely due to their importance in terms of preserving and strengthening Soviet statehood, as well as F. Dzerzhinsky’s authority. In general, the general vector of the Cheka influence is characterized as rigidly repressive, with a predominance of goal setting over the content of the working methods.

The article discusses two interconnected issues related to the activities of the militia in the period after the end of the Great Patriotic War in the USSR (1945-1953). The first part deals with the relationship between the internal affairs bodies and local party organizations that criticized militia for unsatisfactory fight against crime. One of the most important explanations for this situation was an acute personnel problem that had developed due to well-known reasons (the war factor). The second part of the article is devoted to this problem.

The article reveals the forms of work for deputies of a representative body of local self-government. The author makes an analysis of federal and regional laws norms, municipal legal acts, and relevant scientific works. In the author's opinion, the strategy of legal regulation of these forms of deputy activity has changed negatively in the post-Soviet period. He justifies some proposals concerning the improvement of the regulatory and legal framework in this sphere of social relations.