scholarly journals Criminal Law Violations in Labour Safety at Coal Mining Enterprises

2019 ◽  
Vol 105 ◽  
pp. 02018 ◽  
Author(s):  
Yury Volgin ◽  
Irina Gaag ◽  
Alexander Naumov
Keyword(s):  
Supreme Court ◽  
Coal Mining ◽  
Russian Federation ◽  
Mining Industry ◽  
Case Law ◽  
Criminal Code ◽  
Distinctive Features ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Safety Rules

The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Finally, the case law on this issue has been reviewed since 2016 with consideration of specific examples. In the paper, the authors do not address the issues of qualifying violations of safety rules at coal mining enterprises under Art.143 of the Criminal Code as it has not been changed. At the end of the study, the authors formulate the qualification rules taking into account the latest changes, without proposing any changes to the Criminal Code of the Russian Federation and other regulatory legal acts that do not include the Resolution of the Plenum of the Supreme Court, i.e. the results of the study can be used in practice. The problem is that there is a lack of research of the changes we are considering in the Criminal Code of the Russian Federation, and even more in relation to the coal mining industry.

scholarly journals Criminal law characteristics of unlawful acts in a bankruptcy of an individual who does not have the status of an entrepreneur

2020 ◽  
pp. 65-80
Author(s):  
Artem Nikolaevich Ryzhov
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Case Law ◽  
Criminal Code ◽  
Legal Entity ◽  
Original Definition ◽  
The Supreme Court ◽  
The Status ◽  
The Russian Federation

  The object of this research is public relations established within the framework of commission of unlawful actions in case of bankruptcy of a citizen (the Article 195 of the Criminal Code of the Russian Federation). The subject of this research is the norms set by the Article 195 of the Criminal Code of the Russian Federation, Chapter X of Bankruptcy Act, case law, resolution of the Plenum of the Supreme Court of the Russian Federation on bankruptcy of the citizens, scientific works on the topic. The goal of this article consists in formulation of the scientifically substantiated recommendations for improving criminal legislation provisions that establish responsibility for committing unlawful actions in case of bankruptcy of a citizen, as well as their practical implementation. The scientific novelty consists in differentiation of the unlawful actions in case of bankruptcy of a legal entity, individual entrepreneur, and a citizen who does not have the status of an individual entrepreneur, based on the fact that these actions impinge on various public relations. Unlawful actions in case of bankruptcy of a citizen are viewed as separate offence. An original definition of the direct object of unlawful actions in case of bankruptcy of a citizen is provided. In accordance with bankruptcy law and acts of its interpretation the author determines substantial differences between the content of constituent elements of the object, actions and circumstances of unlawful actions in case of bankruptcy of a citizen established by the Parts 1 and 3 of the Article 195 of the Criminal Code of the Russian Federation and the wrongful actions in case of bankruptcy of the legal entity. Specific recommendations are formulated on introducing amendments to the Part 2 of the Article 195 of the Criminal Code of the Russian Federation. Leaning on the analysis of statistical data and case law, the author concludes on the need for adopting a resolution of the Plenum of the Supreme Court of the Russian Federation on criminal bankruptcies, the draft of which may take into account the results obtained in this research.  

scholarly journals Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification

2018 ◽  
pp. 34-43
Author(s):  
A. Ya. Asnis
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Service Contract ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Contract Managers

The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.

scholarly journals On the Issues of the Application of Part 6 of Article 15 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 15 (3) ◽  
pp. 79-84
Author(s):  
N. N. Korotkikh
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstances of the case” and “the degree of its public danger” are evaluative e criteria and do not always allow to decide the validity of the application of part 6 article 15 of the Criminal Code of the Russian Federation. The discrepancy between some of the recommendations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the provisions of the Criminal Code of the Russian Federation is shown. It is concluded that it is impossible to exempt a person from criminal liability on the grounds specified in the Resolution of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals ISSUES OF THE QUALIFICATION OF A MURDER FOR THE PURPOSES OF USING VICTIM’S ORGANS OR TISSUES (CLAUSE М PART 2 ARTICLE 105 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 10 ◽  
pp. 46-51
Author(s):  
Andrey L. Ivanov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Human Organs ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article substantiates the solution of some of the issues of qualification of murder discussed in theory and practice in order to use human organs or tissues, the results of a study of judicial practice, in which clarifications of the Supreme Court of the Russian Federation on this topic were applied.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

scholarly journals Problems of proving guilt in criminal cases in connection with tax evasion

2019 ◽  
pp. 170-176
Author(s):  
V. V. Dubrovin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Code ◽  
Control Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The establishment of an intentional form of guilt and its specific type is mandatory for the implementation of the provisions of Art. 8 of the Criminal Code. In criminal proceedings in connection with tax evasion, a direct intent should be established in the act of the accused, otherwise the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 28, 2006 No. 64 “On the practice of criminal law on liability for tax offenses”. One of the proofs of direct intent in the act of the accused may be the decision of the tax authority to prosecute for the tax offense, made according to the results of tax control measures (in-house or on-site tax audits). In the event that it establishes an imprudent form of the taxpayer’s guilt in committing a tax offense, in proving the guilt of the accused in the course of criminal proceedings there may be an intractable contradiction.

scholarly journals Some Issues of Qualification of the Hijacking of an Aircraft, a Sea-Going Ship, or a Railway Train (Article 211 of the Criminal Code of the Russian Federation)

2020 ◽  
Vol 17 (3) ◽  
pp. 367-376
Author(s):  
Denis Kraev
Keyword(s):  
Supreme Court ◽  
Water Transport ◽  
Russian Federation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Rolling Stock ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Railway Rolling Stock

The article is devoted to the problems of qualification of hijacking of an aircraft, a sea-going ship, or a railway train, provided for by Art. 211 of the Criminal Code of the Russian Federation. Despite the fact that Art. 211 has been present in the Criminal Code of the Russian Federation since its adoption, it should be noted that there is a lack of theoretical research on its analysis, as well as the existence in court practice of the difficulties of applying this norm (in addition, Federal Law No. 130 of May 5, 2014 -FZ in Art. 211 of the Criminal Code of the Russian Federation a new Part 4 was introduced, providing for liability for the combination of hijacking of a ship of air or water transport or railway rolling stock with a terrorist act or other terrorist second activity that, in the absence of specific explanations of the Plenum of the Supreme Court, has created additional challenges for law-qualification). This determines the relevance of the chosen topic. Analyzing the current legislation, the provisions of the Decree of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 No. 25 “On judicial practice in cases of crimes related to violation of the rules of the road and the operation of vehicles, as well as their unlawful seizure without the purpose of theft”, scientific positions and court decisions on these issues, the author comes to the following conclusions that seem interesting for theory and practice. Small boats of water transport relate to the subject of hijacking of a ship of air or water transport or railway rolling stock, and the commission of a crime under Part 4 of Art. 211 of the Criminal Code of the Russian Federation, and the associated terrorist act, requires qualification in the aggregate of Part 4 of Art. 211 and Art. 205 of the Criminal Code. Military aircraft and boats, submarines, etc.) are also the subject of a crime under Art. 211 of the Criminal Code. The of hijacking of an aircraft, a sea-going ship, or a railway train, as well as the seizure of such a ship or train for the purpose of hijacking, associated with the murder, assault on the life of a law enforcement officer, person conducting justice or preliminary investigation, a state or public figure are qualified in the aggregate of Art. 211 and Art. 105, Art. 277, Art. 295, Art. 317 of the Criminal Code of the Russian Federation. When of hijacking of an aircraft, a sea-going ship, or a railway train, as well as hijacking such a ship or train for the purpose of hijacking, committed with the use of violence dangerous to the life or health of the victim, or with the threat of such violence, in addition to item “c” of Part 2 of Art. 211 of the Criminal Code of the Russian Federation of additional qualification in parts 1, 2 of Art. 111, Art. 112, Art. 115, Art. 117, Art. 119 of the Criminal Code is not required. The of hijacking of an aircraft, a sea-going ship, or a railway train is often fraught with violation of the traffic safety rules and operation of the relevant transport provided for in Art. 263 of the Criminal Code of the Russian Federation: the deed is covered by Art. 211 of the Criminal Code, if the violation specified in Art. 263 of the Criminal Code of the Russian Federation expressed itself in theft; if not, qualification is possible in the aggregate of art. 211,263 of the Criminal Code.

scholarly journals Criminal Misconduct: An Objective Need or a Declared Necessity?

2021 ◽  
Vol 16 (11) ◽  
pp. 142-154
Author(s):  
N. Yu. Skripchenko ◽  
S. V. Anoshchenkova
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Business Community ◽  
Substantive Content ◽  
The Supreme Court ◽  
The Russian Federation

The actively defended idea of the Supreme Court of the Russian Federation on the inclusion of an offencse  of criminal misconduct in the criminal legislation was reflected in the revised draft federal law submitted to the  Parliament on October 13, 2020. The purpose of the study is to determine the key changes in the content of the  institutions of criminal misconduct and other measures of a criminal law nature proposed for consolidation in the  Criminal Code of the Russian Federation, to assess the objective need of the reforms initiated by the Supreme  Court of the Russian Federation. The methodological basis is a set of methods of scientific knowledge. General  scientific (analysis and synthesis, dialectics) and specific scientific research methods (system structural, formal legal)  were used. A comparative analysis of draft laws allows us to classify the substantive content of acts constituting a  criminal misconduct as key changes and the modification of other measures of a criminal legal nature. The authors  critically assess the idea underlying the classification of acts as criminal misconduct. By laying in the criteria for  the isolation of acts that are minimal in terms of the degree of danger, not legally significant elements of corpus  delicti, but the types and amount of punishments, the lack of criminal experience, the interests of the business  community, the developers of the draft law violate the system of law, since the proposed approach excludes the  assessment of the public danger of the act based on the significance of the protected by the criminal the law of  public relations. The meaning of the differentiation of criminal liability declared by the initiator of the reforms is  lost with the proposed duplication of other measures applied both to persons who have committed a criminal  misconduct and to those guilty of committing crimes of small or medium gravity, and the proposed conditional  nature of other measures levels the idea of liberalizing the criminal law. The paper focuses on the provisions of  the project that require revision and additional comprehension.

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