Papers by Alexei Kibalnik
Russian Journal of Criminology, 2021
The threat of terrorism is and will, in the foreseeable future, remain highly urgent for all stat... more The threat of terrorism is and will, in the foreseeable future, remain highly urgent for all states and societies. In this connection, numerous problems (including criminal law ones) of counteracting terrorism attract close attention of both Russian and foreign researchers who work in various fields of knowledge. Russian dissertation theses of the past decade are dominated by the idea that acts of terrorism are specific threats to security and present a general (total) danger. It is becoming more and more common within the Russian doctrine to present formalized definitions of terrorism (terrorist activities) in its criminal law sense. On the other hand, a relatively new trend is the research of terrorism (terrorist activities) and its potential consequences within the framework of contemporary global threats, specifically, the analysis of the problem of terrorist activities in connection with the activities of international terrorist organizations. The authors stress that Russian re...
Russian Journal of Criminology, 2019
The article aims to reveal key trends in the studies of the problems of criminal punishment based... more The article aims to reveal key trends in the studies of the problems of criminal punishment based on the analysis of Russian dissertation theses in the past decade (2010–2019). The authors stress that the problems of punishment are «eternal» for Russian and Western doctrines of criminal law, although there is some difference in their research trends. The authors conclude that Russian doctrine preserves continuity in its definition of punishment as a major category of criminal law, as well as of its attributes and goals. In 1990–2000s there were some attempts to renounce the penal nature of punishment. In the past decades this «bias» has been overcome and practically all authors recognize the priority of the penal character (content) of criminal punishment. At the same time, the doctrine incorporated new ideas regarding the understanding of the goals of punishment, their hierarchy and the actual possibilities of achieving them. The authors note that the positive feature of the Russia...
Russian Journal of Criminology, 2019
The author underlines that the crime of aggression has been viewed as the most serious crime agai... more The author underlines that the crime of aggression has been viewed as the most serious crime against international peace since the Nuremberg Tribunal, which is unambiguously recognized in the Russian and Western doctrine. However, the term «aggression» has long become an instrument of interstate political struggle, although there has not been a single case of real criminal prosecution at the international level for this crime after World War II. In 2010 the Rome Statute was amended, defining signs of aggression as an international crime, as well as clarifying the rules for the exercise of jurisdiction of the International Criminal Court. This event received rave reviews from most authors. But in reality, these optimistic expectations were destroyed — first of all, in terms of establishing effective jurisdiction of the International Criminal Court in relation to the crime of aggression. Establishing of the International Criminal Court jurisdiction by transferring the situation from t...
Monatsschrift für Kriminologie und Strafrechtsreform / Journal of Criminology an Penal Reform, 2017
This article presents a response to the work of A.S. Alexandrov and I.A. Alexandrova entitled «Pr... more This article presents a response to the work of A.S. Alexandrov and I.A. Alexandrova entitled «Proceduralstrategy for the development of criminal law in the XXI century». These authors state the decline of the Russian doctrine of criminal law, characterized by its «archaism» and the impossibility of rejecting «dogmas». They offered a very original «recipe for salvation» of the domestic science of criminal law through its «procedural revolution». The author of the article gives a number of arguments against the reasoning of Professors Alexandrovs. In particular, it is emphasized that the overwhelming majority of modern specialists in the field of criminal law do not raise the question of his «seniority» over the criminal process. Further, if the question of the criminality of an act is decided by the court and/or by the prosecution side authorities then practically any act of behavior can be arbitrarily declared criminal (or vice versa). Finally, some of the «dogmas of criminal law» ...
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Papers by Alexei Kibalnik