scholarly journals Measures of criminal law regulation of environmental crimes in the Tyumen city

2020 ◽  
Vol 164 ◽  
pp. 11030
Author(s):  
Victoria Lez’er ◽  
Vyacheslav Sevalnev ◽  
Ekaterina Cherepanova ◽  
Valeriy Zhabskiy
Keyword(s):  
Statistical Method ◽  
Research Methods ◽  
Criminal Law ◽  
Legal Regulation ◽  
Official Statistics ◽  
Legal Method ◽  
The City ◽  
Method Analysis ◽  
Law Regulation ◽  
Environmental Crimes

The aim of the article is to analyze the measures of criminal-legal regulation of environmental crimes in Russia, using the example of the city of Tyumen, based on a study of official statistics, current criminal and other legislation, and general theoretical provisions. In the process of writing the article, following research methods were used: formally legal, historical and legal, comparative legal method, analysis, comparison, statistical method and others. The authors provide official statistics regarding the criminal situation in Tyumen in 2015-2019 on environmental crimes.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

scholarly journals The Stage of Assessing the Validity of the Complaint (Presentation) in Continuous Cassation

2020 ◽  
pp. 66-70
Author(s):  
Mikhail S. Spiridonov ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Legislative Changes ◽  
And Shifts

With the introduction of continuous cassation in criminal cases on 01 October 2019, the content of the verification of the validity of the cassation complaint and presentation has changed. The science of criminal procedure has been faced with a new problem: to assess the effectiveness of legal regulation, in which the validity of the cassation complaint or presentation is verified directly at the hearing, not at the preliminary stage. The object of this research is criminal procedural relations that develop in the implementation of the norms of criminal procedure law that regulate cassation proceedings in criminal procedure. The research focuses on the norms of the constitutional and criminal procedure law of the Russian Federation, domestic and foreign legislation, generally recognized principles and norms of international law governing cassation proceedings, provisions of the science of criminal law and criminal procedure. The aim of the research is to reveal the essence of the introduced legislative changes concerning the stage of verification of the validity of the cassation complaint or presentation, to develop proposals for improving the legislation. The methods of analysis, synthesis and comparison were applied to determine the procedure for the verification of the validity of the cassation complaint or presentation by the court of the cassation instance. The comparative legal method was employed to study foreign forms of cassation proceedings. The formal legal method was used to analyze the content of the texts of normative legal acts regulating cassation proceedings. The research resulted in the following conclusions. The lack of a stage for assessing the validity of the cassation complaint (presentation) and the grounds for its transfer to the cassation court excessively strengthens the revision principle and shifts the balance towards the task of identifying and eliminating violations of the requirements for the final court decision. The solution to this problem is possible through the introduction of written cassation proceedings carried out by a panel of three judges, which will consider the issue of admissibility and validity of the complaint (presentation).

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

Criminal-legal Mechanism of Counteraction of Insider Activity in the Stock Market

2019 ◽  
Vol 10 (3) ◽  
pp. 842
Author(s):  
K.A. MALYSHENKO ◽  
V.A. MALYSHENKO ◽  
E.S. BEKIROVA ◽  
S.N. BEKIROV ◽  
S.V. ARKHIPOVA ◽  
...  
Keyword(s):  
Stock Market ◽  
Criminal Law ◽  
Criminal Liability ◽  
Securities Market ◽  
Market Manipulation ◽  
Insider Information ◽  
Legal Method ◽  
Wide Range ◽  
The World ◽  
Law Regulation

Protecting the rights of stock market participants in the modern world is an important aspect of its functioning, ensuring the security of investments of participants and their property status. The misuse of insider information with the aim of obtaining certain benefits, and market manipulation are some of the most ambitious crimes that violate the rights of a wide range of people, and a direct threat to their material well-being. Insider trading involves trading transactions with securities, which is carried out by private individuals, holding information about the Issuer of the financial asset. In this work, we use methods of legal statistics that allow us to obtain quantitative data on the application of liability for violations of anti-insider Russian legislation. In addition, a comparative legal method is used to comparatively characterize measures to combat insider activity in the world. The purpose of the research is to identify the shortcomings of the modern criminal law mechanism for countering insider activity in the Russian securities market and develop measures to improve its effectiveness. The criminal law regulation of insider information in the world and domestic experience are analyzed. As a result of the study, a number of shortcomings inherent in this mechanism were identified. Thus, the study of foreign practice has shown that the existing measures in Russia to combat insiders in the securities market are not effective. This is due to many factors, the main of which are the imperfection of the legal framework, the lack of practical application of criminal penalties, their low effectiveness, the lack of specific penalties, etc. The article highlights the problems of administrative and criminal liability for market manipulation and illegal use of insider information. The article analyzes the criminal law regulation of mitigating liability for insider information in the world and domestic experience.Based on the analysis and comparison of Russian and international practices in the fight against insiders, conclusions are drawn about the need to adjust the domestic monitoring mechanism and improve criminal law methods to ensure its functioning.The article actualizes the problems of administrative and criminal liability for the manipulation of the market and the misuse of insider information.

scholarly journals Criminal-Legal Mechanisms For Protecting The Activities Of Business Entities In Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 2123-2135
Author(s):  
Marufjon Kurbanov
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Business Activity ◽  
Special Significance ◽  
The Social ◽  
The Republic ◽  
Business Entities ◽  
Law Regulation

This article is dedicated to the institute of protecting business through criminal law in the Republic of Uzbekistan. In it, the author conducted an analysis of general characteristics of crimes related to obstruction, unlawful interference in business activities according to the Criminal code of the Republic of Uzbekistan. Therefore, researching of legal nature of crimes against business, analyzing its objective and subjective signs has a very special significance. The author reveals the social danger of these kinds of crimes, the necessity of appointing the criminal responsibility for it. Such types of crimes against business Violation of the right to private property, Forced involvement of business entities in charity and other events, Illegal suspension of activities of business entities and (or) operations on their bank accounts are analyzed. Therefore, researching criminal law regulation of business activity in the example of the Republic of Uzbekistan, analyzing its objective signs has a very special significance. The author reveals the social essence of criminal law regulation of business activity in Uzbekistan danger. And, namely, it has been provided specifics of the criminal legal protection of entrepreneurial activity in the criminal law of Uzbekistan are determined by the model of the economic system and the legal regulation of economic relations in the state. On the basis of the Criminal Code of the Republic of Uzbekistan, reviewed the significant aspects of protecting business through criminal law in the Republic of Uzbekistan.

scholarly journals Mechanism of legal regulation and criminal legal impact: the ratio of doctrinal and practicaland implementation principles

2019 ◽  
Vol 15 (1) ◽  
pp. 7-14
Author(s):  
Vadim Avdeevich Avdeev ◽  
Olga Anatolievna Avdeeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Structural Elements ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Processes ◽  
Fundamental Direction ◽  
Scientific Rationale ◽  
Law Regulation

The subject of the research is the mechanism of criminal law regulation, taking into account international life implemented in the context of globalization and increasing the efficiency of the criminal law policy of the Russian Federation. The purpose of the study is to disclose the content, structural elements and stages of the mechanism of criminal law regulation. Attention focuses on the effectiveness of the mechanism of criminal law regulation, the methodological basis of which is formed by a combination of legal regulation on the basis of the doctrinal principles of law and practice and implementation activities. The main results of the research reflect the problems of implementation of the mechanism of criminal law regulation at the legislative and law enforcement levels. Conclusions are formulated regarding the structural elements and key stages of the implementation of the mechanism of criminal law regulation, including the scientific rationale for criminalization (decriminalization) and penalization (depenalization). Scientific and practical substantiation of criminal law policy and legislative processes, optimization of the implementation of criminal law are noted as a fundamental direction.

scholarly journals Genetic Engineering: Issues of Criminal Law Regulation

2020 ◽  
Vol 14 (4) ◽  
pp. 479-485
Author(s):  
O.A. Belov ◽  
◽  
Yu.N. Spiridonova ◽  
A.I. Odintsov ◽  
◽  
...  
Keyword(s):  
Genetic Engineering ◽  
Russian Federation ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Genetic Research ◽  
Legal Regulation ◽  
Human Cloning ◽  
The Russian Federation ◽  
Law Regulation

The article analyzes modern scientific achievements in the field of genetic research, considers methods of genetic engineering as an integral part of modern biomedicine, and the issues of human cloning. We examine the differences between reproductive cloning and therapeutic cloning, emphasizing the importance of the latter for improving human life, fighting various diseases, and so on. However, along with ethical problems, there are also problems in the world of legal regulation of genetic research and manipulation of human genes. We touch upon the problems of legal regulation of genome research and human cloning in foreign countries and in the Russian Federation, and, above all, the problems of criminal law regulation of genetic engineering. Based on a comparative analysis of international legal acts, national legislation of a number of countries and regulatory legal acts of the Russian Federation, we conclude that there is insufficient legal regulation of issues related to genetic research in Russia, and, supporting the opinion of a number of scientists, we propose to introduce a number of norms in the Criminal Code of the Russian Federation on criminal liability for socially dangerous behavior in the field of modern methods of biotechnology, genetic engineering, and human cloning.

scholarly journals Sexual harassment: criminological grounds and criminal law powers

2021 ◽  
Vol 108 ◽  
pp. 03015
Author(s):  
Sergey Anatolyevich Denisov ◽  
Konstantin Petrovich Semenov ◽  
Ekaterina Nikolaevna Aleshina-Alekseeva ◽  
Arseny Alekseevich Kiryanov ◽  
Anton Vladimirovich Kryukov
Keyword(s):  
Sexual Harassment ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Regulation ◽  
Sociological Research ◽  
Russian Society ◽  
Legal Analysis ◽  
Sexual Relations ◽  
Legal Method ◽  
Forensic Scientists

The objective reality of social interaction demonstrates the further development of social relations in various aspects of human existence, which gives rise to new contradictions that require resolution, including legal regulation by the norms of various law branches. There is a need to establish the limits for the subject’s legally acceptable behaviour, upon reaching which the area of deviations begins. Sexual harassment is one of such problems emerged at the end of the 20th century. Many foreign countries faced with this social phenomenon have recognized the criminality of sexual harassment in continuation of the chosen political trend towards liberalization of sexual relations. Similar trends are also observed in Russian society. They are practiced both at the level of discussions within the doctrinal environment and at the legislative level. Concerned about the seriousness of the problem and armed with the results of sociological research, Russian forensic scientists are engaged in developing a concept for the criminalization of harassment. The purpose of this work is to study the criminological grounds for recognizing the wrongfulness of sexual harassment and to consider the current criminal law powers against harassment in order to confirm the need to criminalize this phenomenon or to deny it. To achieve this purpose, the opinions of domestic and foreign researchers were studied, a rather-legal analysis of the domestic policy tendencies in Russia and foreign states regarding the liberalization of sexual relations was carried out. The conditions of the modern Russian legislation in combating sexual harassment were studied. Applied are such general scientific research methods as analysis, synthesis, generalization, as well as such specific scientific methods as statistical method, content analysis, formal logical method, and rather-legal method. As a result, the authors come to the conclusion that there is a recognized unlawfulness of sexual harassment in the norms of the current Russian legislation and that it is inexpedient to criminalize this phenomenon as an independent crime in view of the sufficiency of powers available within the framework of the modern criminal law.

scholarly journals Procurement and inventory logistics optimization of small trade enterprises in Belarus

2020 ◽  
Vol 48 (48) ◽  
Author(s):  
Yauheni Kazheunikau
Keyword(s):  
Statistical Method ◽  
Research Methods ◽  
The State ◽  
Logistics Optimization ◽  
Analysis And Synthesis ◽  
Method Analysis

The article describes the state of logistics of small trade enterprises in Belarus, offers an algorithm for optimizing their procurement and inventory, as well as provides an evaluation of results of such optimization for small trade enterprise. The purpose of the study is to improve the procurement and inventory logistics in trade. Research methods: statistical method, analysis and synthesis.

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