scholarly journals On the issue of the criminalization of the obstruction of medical care committed against a health worker

2021 ◽  
pp. 213-216
Author(s):  
Dina Garaeva
Keyword(s):  
Medical Care ◽  
Health Worker ◽  
Russian Federation ◽  
Medical Profession ◽  
Criminal Code ◽  
Care Providers ◽  
Medical Worker ◽  
Medical Assistance ◽  
The Russian Federation ◽  
Definition Of

The article justifies the need for the recent criminalization of obstruction of medical assistance in the Russian Federation. A study of these innovations is necessary because of their lack of theoretical and practical study. The preconditions for the criminalization of the offence was studied, the medical profession was assessed from the point of its victimization, the definition of the concept of «obstruction» was investigated, the contradiction between the name of the new article and the range of medical care providers was indicated. Removing the reference to medical worker as the only subject of medical assistance from the article 124.1 of the Criminal Code of the Russian Federation was proposed.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

scholarly journals Theoretical analysis of legislative definition of the regime in correctional institutions: problems and ways to solve them

2021 ◽  
Vol 7 (1) ◽  
pp. 70-75
Author(s):  
V. E. Juzhanin ◽  
D. V. Gorban'
Keyword(s):  
Theoretical Model ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Penal System ◽  
Correctional Institutions ◽  
Scientific Thought ◽  
General Part ◽  
The Russian Federation ◽  
Definition Of

The article provides a theoretical analysis of Part 1 of Article 82 of the Criminal Code of the Russian Federation, which defines the regime in correctional institutions of the Russian penal system. It is noted that this definition does not correspond to the achievements of modern penitentiary scientific thought about the regime. In particular, it is emphasized that the regime cannot provide conditions for serving a sentence, since it includes these conditions. Also, the regime cannot ensure the protection of convicts, supervision over them and separate maintenance of different categories of convicts, since, on the contrary, the latter are the means of ensuring the regime. According to the authors of the article, the legislator incorrectly uses the phrase regime of detention of convicts, meaning regime of serving a sentence, since they are different legal phenomena. It is noted that the most optimal definition of the regime is presented in the theoretical model of the general part of the new Criminal Code of the Russian Federation, prepared by a group of authors, but the authors also subjected this definition to some adjustments.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals CONSTITUTIVE EVALUATIVE CONCEPTS IN CRIMINAL LAW: CONCEPT, TYPES, FUNCTIONS, ESSENTIAL FEATURES

2021 ◽  
Vol 31 (3) ◽  
pp. 450-458
Author(s):  
D.R. Kasimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Structural Features ◽  
Criminal Code ◽  
New Classification ◽  
Functional Features ◽  
The Russian Federation ◽  
Definition Of ◽  
Cognitive Meaning

The article provides a new classification of evaluative concepts enshrined in the Criminal Code of the Russian Federation, indicates the purpose of its existence in the doctrine of criminal law. The article describes the definition of constitutive evaluative concepts that are determined as legislatively vague evaluative concepts that, by their normative-essential and functionally-substantive characteristics, are absolute, necessarily alternative, or accompanying structural features of a crime. Through the prism of the features of constitutive evaluative concepts, their varieties, essential features and functions are distinguished; interpretation (including cognitive) meaning is revealed. Moreover, the interpretation features of these evaluative concepts are considered in two interdependent aspects: the structurally-essential (associated with the types, attributes and functions of constitutive evaluative concepts) and the procedural-substantive (associated with the informative and informative activities of the interpreter). It is indicated that the interpretation features of an structurally-essential nature are, firstly, in the composition and criminogenic properties of constitutive evaluative concepts, and secondly, in the semantic structural composition, indicating a meaningful dependence of the evaluative concept on the accompanying structural features of a crime, and thirdly, legally significant functional features. At the same time, interpretative features of a procedural-substantive order are also highlighted, which include, firstly, the need for a paramount definition of the criminogenic determinant, designed to establish the structural features of a crime in a perfect act, and secondly, in an increased degree of normative casuistic derivative of these evaluative concepts. The author comes to the conclusion that constitutive evaluative concepts are interpreted according to the same logical-linguistic and legal laws, but with some marked structurally meaningful features.

scholarly journals THEFT OF CARGO FROM RAILWAY ROLLING STOCK: ISSUES OF QUALIFICATION AND INVESTIGATION

2019 ◽  
Vol 29 (5) ◽  
pp. 668-672
Author(s):  
M.N. Vilacheva ◽  
N.V. Yashkova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Case ◽  
Rolling Stock ◽  
Railway Transport ◽  
The Russian Federation ◽  
Main Factors ◽  
Definition Of ◽  
Railway Rolling Stock

The questions of qualification and investigation of theft of goods from the rolling stock are revealed. The main factors causing qualification of such crimes under articles 158, 159 and 160 of the Criminal code of the Russian Federation are investigated. The obligatory signs of crimes, such as time, place, means of commission of crime, the size of the stolen property are revealed. Reasonable conclusions are made that the qualification of theft of goods from the rolling stock of railway transport, as well as the definition of the circle of persons potentially involved in the commission of the crime, is largely influenced by the place and time of the crime, the circumstances (type of car, other features), the amount of stolen property, means of committing the crime. The analysis of the practice of qualification of thefts from the rolling stock of railway transport shows that in various investigative situations it is necessary to speak about its private varieties that will allow to qualify a crime more precisely and to organize the process of proving more effectively. It is concluded that for the most complete qualification of crimes related to the theft of cargo from rolling stock cars a thorough analysis of the circumstances that influenced the initiation of a criminal case, as well as investigative situations, is of particular relevance. Proposals were made to improve the norms of the criminal law.

scholarly journals DEFINITION OF MASS RIOTS IN RUSSIAN CRIMINAL LAWS

2020 ◽  
pp. 32-41
Author(s):  
Sergey A. Eliseev ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Single Person ◽  
Generic Term ◽  
Russian Federa Tion ◽  
The Russian Federation ◽  
Criminal Protection ◽  
Definition Of ◽  
Objective Aspect

The chapter 24 of the Criminal Code of the Russian Federation is devoted to crimes against public security. Articles of this chapter represent enough effectual instruments of criminal protection of public interests and protection of a person as well. However, studying of some articles of the chapter 24 of the Criminal Code and practice of its applying show the necessity to improve prohibitions, provided by it. For example, article 212 of the Criminal Code of the Russian Federation, despite verbalism, doesn’t give a strict idea on content of the subject of crime, provided by it. Literal interpreta-tion of the expression “mass disorder, leading with violence, demolition and arson…” allows to confirm, that subject of crime of mass disorder supposes such elements as mass disorder, violence and other actions, provided by p.1 art.212 of the Criminal Code of the Russian Federa-tion, which are followed by mass disorder, completed by them, committed simultaneously. Part 3 of the article 212 of the Criminal Code of the Russian Federation gives the same idea, it provides punishment not only for riotous statements in mass disorder or participation in it, but for calls to violence. But what we should refer to mass disorder, which is a part of objective aspect of a crime along with riotous behavior of a crowd (violence use, arsons, demolition and so on), is anyone’s guess. However, the title of the article, its purpose, content of criminal prohibition suggest that objective aspect of crime “mass disorder” includes one systematic element, which is committing demolition, arsons, violence use towards citizens by a great number of people (by a crowd). It makes sense to improve text of the article 212 of the Criminal Code of the Russian Federation. Within the meaning of crime mentioned in it, emphasis should be turned to aggressive actions of a crowd, because they form public danger of this action. Exactly these actions (violence use , arsons, demolition and so on) are caused damages to public relations, which provide security of life, health, property of a single person or a number of people, activity of state authority and government, functioning of organizations and enterprises. To define the notion of mass disorder it is enough to point out the essence of this action in the Criminal Code of the Russian Federation – the committing of some public dangerous actions by participants of the crowd. It is necessary to eliminate ineffectual stylistically and semantic expression “mass disorder, accompanying …” from the definition. Instead of it we should use a formula: “mass disorder - violence use towards a person, arsons, demolition and damage of property”. It is necessary to abandon repetitions in description of the objective aspect of mass disorder. It is obvious, that the notion “use of weapon” has a lot in common with the notion “provision of armed resistance to public authority” (it is generic term towards the latter); calling to violence towards citizens in context of the article 212 of the Criminal Code of the Russian Federation represent itself call to mass disorder.

scholarly journals The use of a knowingly forged passport, identity card or other official document granting rights or relieving from responsibilities: problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 65-72
Author(s):  
Natal'ya Vishnyakova
Keyword(s):  
Russian Federation ◽  
Personal Information ◽  
Criminal Code ◽  
Critical Assessment ◽  
Official Document ◽  
Identity Card ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The article is devoted to the consideration of the problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation, related to the operation of the norm in time; with delimitation from the norm covered by Art. 327, Part 5 of the Criminal Code of the Russian Federation; with the content of such an act as use, the moment of its ending, the matching with the counterfeit, as well as with the acquisition, storage and transportation. The author substantiates the conclusion about the need to exclude Part 5 of Art. 327 of the Criminal Code of the Russian Federation; a broader definition of the concept of “use of a knowingly forged document” is proposed, including not only the submission of such a document in order to obtain (confirm) the rights or relieve from responsibilities, but also the very use of the obtained rights or relieving from responsibilities on the basis of the submitted document; the critical assessment of the actions of a person ordered the forged document with providing personal information is done, such actions are considered as complicity in the forgery. The author’s attention is drawn to the prevalence of incompleteness of the wording of the accusation when qualifying the actions of persons who acquired, stored, transported a forged document in order to use it, and then used it. The article formulates recommendations for solving the issues of applying Part 3 of Article 327 of the Criminal Code of the Russian Federation.

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