scholarly journals Problems of determining the mental element in crime under article 264 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 108 ◽  
pp. 02010
Author(s):  
Alla Vasilyevna Vashkevich ◽  
Aleksander Vladimirovich Nikishkin ◽  
Boris Vasilyevich Epifanov ◽  
Ramin Anatolievich Ramazanov ◽  
Victoria Anatolievna Smorodina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Road Traffic ◽  
Accurate Determination ◽  
Criminal Code ◽  
Main Question ◽  
Empirical Observation ◽  
The Russian Federation ◽  
Mental Element

It should be mentioned that any particular traffic accident is most often a concurrence of a number of causes and factors associated with any of the subsystems “Driver – Car – Road – Environment”. As evidenced by judicial practice, crimes under Article 264 of the Criminal Code of the Russian Federation are traditionally qualified by courts as committed in a careless form of guilt in the form of criminal flippancy. However, there may exist doubts about the correct assessment of the mental element in these crimes. The main question is if these crimes were intentional. The relevance of the study is conditional upon the need to develop a system of prevention of road traffic injuries and improve the effectiveness of measures to prevent them. The purpose of the study is to analyze theoretical problems and the results of empirical observation for road safety. This article is devoted to the relevant problem of accurate determination of the form of guilt in violation by the person driving the vehicle of road traffic regulations on the example of the analysis of the crime under Article 264 of the Criminal Code of the Russian Federation “Violation of road traffic regulations and the rules of operation of vehicles.” In the preparation of the article, general scientific methods (dialectical, logical, socio-scientific method, method of system analysis) and interdisciplinary methods (sociological, statistical, method of the research of specific facts) were used. The novelty of the study is in an attempt to deeply analyze and interpret the practical application of the provisions of Article 264 of the Criminal Code of the Russian Federation, identify the problem of accurate determination of the form of the guilt of the mentioned act committed by the person driving the vehicle when violating road traffic regulations or the rules operation of vehicles.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals STRATEGIES FOR REGULATING CRYPTOCURRENCY IN THE RUSSIAN LEGISLATION: FORECAST FOR THE FUTURE

2017 ◽  
Vol 21 (2) ◽  
pp. 176-182 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Electronic Money ◽  
Virtual Currency ◽  
Legal Control ◽  
The Future ◽  
The Russian Federation ◽  
Future Evaluation

The paper discusses the future development of the cryptocurrency in the Russian Federation. At present, it can be defined as a new financial instrument based on distributed registry technology (Blokchein). It is the lack of server storage and a single issuer, the relative anonymity (pseudonymity) and mobility calculations allow us to consider financial cryptocurrency to be a technology of the future. Evaluation of the prospects for the development of the regulatory and protective law of the Russian Federation, the author begins with an assessment of the world's leading strategies for regulating the virtual currency: permissive, prohibitive and observant. The author argues the problem of searching for the optimal model of the cryptocurrency legalization, considering it to be a kind of a computer program: means of exchange, a monetary symbol, a cashless cash, an electronic money and a security, a commodity, other property, property right, etc. Particular attention is paid to the critical analysis of the draft federal law on the declaration of a crypto currency by a surrogate and the introduction of a new composition in the Criminal Code of the Russian Federation - article 187.1 "Turnover of money surrogates" with the establishment of responsibility in the form of a fine of up to 500 thousand rubles or imprisonment for up to four Years for production, purchase for sale, as well as the sale of money surrogates. As one of the developers of the draft law on legalization of the cryptocurrency in the Russian Federation, the author of this paper identifies the most important aspects that need in legal control. They are identification of exchange sites and the user, verification of transactions based on documents, data and information (validation), determination of the beneficial owner, Relations and monitoring of transactions with the cryptocurrency in accordance with the risk profile.

scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

scholarly journals Calculation of the Amount of Damage Caused by Deliberate Bankruptcy (Article 196 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 1 ◽  
pp. 47-51
Author(s):  
Anna A. Korennaya ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Moment

The article discusses the issues of determining the amount of damage from premeditated bankruptcy in several aspects: 1) establishing the structure of damage 2) establishing the value 3) determination of the end of the crime by the moment of causing damage on a large scale. Based on the analysis of the doctrine of criminal law and the practice of applying Art. 196 of the Criminal Code of the Russian Federation, the author sets out his own conclusions, the use of which in law enforcement practice will minimize errors in the qualification of deliberate bankruptcies.

scholarly journals Special Subject of Crime as an Object of Criminological Determination

2019 ◽  
Vol 13 (6) ◽  
pp. 980-991
Author(s):  
Andrey Makarov ◽  
Aleksandr Protasevich ◽  
Aleksandra Zhukova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Personal Gain ◽  
Relevant Today ◽  
Official Position ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation

Currently, many authors pay attention to the criminological description of the object of their research. This approach is absolutely justified. It is better to examine the institutes of criminal law in correlation with the interdisciplinary spheres of knowledge. The article presents an analysis of adjacent but not equal legal categories of the subject of crime and the personality of a criminal. This research is relevant today because crimes committed by persons with characteristics of a special subject in general, and with the use of their official position in particular, have a higher degree of public danger. It is connected with a wide area of official interests of public officers. Their criminal offences destabilize the normal work of governmental bodies. Corruption, abuse of office, general crimes committed for personal gain act as negative social and legal phenomena that widen the range of persons in criminal statistics referring to special subject. A heightened degree of public danger in the actions of public officers is a factor that influences current criminal legislation. An example is the abuse of public office as a circumstance that aggravates criminal liability. The contents of the norms in the Special Part of the Criminal Code of the Russian Federation could be named a legislative reaction of the authorities to the growing level of misuse of office. The current Criminal Code of the Russian Federation mentions the misuse of office with mercenary motives or for personal gain, acting as an aggravating circumstance for the main crime, over 60 times. Taking into account that the contemporary condition and scale of the self-determination of crime according to the characteristic of a special subject are developing interconnected systemic causes and conditions, it is possible to discuss the necessity of criminological prevention of crimes with a special subject — a criminogenic person who has specific functions (as a rule, a representative of authorities).

scholarly journals Actual Problems of Exemption from Criminal Liability for Tax Crimes in Connection with Compensation for Caused Damage

2017 ◽  
Vol 4 (4) ◽  
pp. 135-142
Author(s):  
E V Barkalova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Russian Federation ◽  
Points Of View

In this article are analyzed the problems of determination of the amount of damage caused by commission of tax crimes. The author delineates the concepts of «damage» as the circumstance to be proved, in cases of commission of tax crimes and as a part of the grounds for exemption from criminal liability for commission of tax crimes under the art.76.1 of the Criminal Code of the Russian Federation and art. 28.1 of the Code of Criminal Procedure of the Russian Federation. Various scientific points of view and judicial-investigative practice on application of the mentioned above grounds for exemption from criminal liability are considered.

Subjective properties of the grounds for criminal liability for driving while intoxicated

2021 ◽  
pp. 465-474
Author(s):  
Igor V. Goncharov
Keyword(s):  
Russian Federation ◽  
Road Traffic ◽  
Criminal Liability ◽  
Physiological State ◽  
Mental States ◽  
Criminal Code ◽  
Driving While Intoxicated ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Subjective Side

We consider the signs of subjective side of a crime involving a traffic violation by a person subjected to administrative punishment (Article 264.1 of the Criminal Code of the Russian Federation). We emphasize that the state of intoxication should be distinguished from morbid psyche states, since they should be attributed to a different category of mental states of the person. We pay attention to the signs of the subjective side, we note that the considered corpus delicti is formulated as formal. Therefore, this act is com-mitted intentionally and with direct intent. Driving while intoxicated is so-cially dangerous, since in this psycho-physiological state the driver largely loses the functional, physiological, psychological capabilities of transport control, which poses a real threat to safe road traffic – the danger of harm to health or death to individuals. We justify the need to exclude from Article 264.1 of the Criminal Code of the Russian Federation an indication of an administrative prejudice, since a person, while driving intoxicated, realizes and understands that he is violating traffic rules, that the vehicle is a source of increased danger, and, in addition, his concentration of attention decreases, etc.

scholarly journals Socially Dangerous Consequences of Crimes Related to Environmental Pollution: System Analysis

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 165-173
Author(s):  
R. A. Zabavko ◽  
E. V. Rogova
Keyword(s):  
Human Health ◽  
Russian Federation ◽  
System Analysis ◽  
Criminal Code ◽  
Fish Stocks ◽  
Plant Life ◽  
Essential Change ◽  
Significant Harm ◽  
Stage System ◽  
The Russian Federation

As a result of comprehensive analysis of the content of socially dangerous consequences provided for in article 246, 247, 250-252, 254 of the Criminal Code of the Russian Federation, the authors reveal the absence of a unified approach to the interpretation of individual effects, consistency in the interpretation of certain terms. It is concluded that the two-stage system of socially dangerous consequences formed in the majority of these crimes significantly complicates law enforcement activities. It is revealed that one of the most successfully used components of these environmental crimes is part 1 of article 247 of the Criminal Code of the Russian Federation, formulated as a part of a real danger. An accurate description of the legal structures used in the construction of these elements of a crime will allow you to define de lege lata qualification limits, distinguish them from each other and distinguish them from related elements of administrative offenses. The authors clear up the content of such socially dangerous consequences as: essential change of radioactive background, the infliction of harm to human health, mass death of animals, damage to human health, significant harm to human health or the environment, pollution, poisoning or contamination of the environment, human death, mass diseases of people, the spread of epidemics or epizootics, causing essential harm to animal or flora, fish stocks, forestry or agriculture, pollution or other change of natural properties of air, other serious consequences. De lege ferenda’s proposals include a unified system of socially dangerous consequences that could be used universally in the crimes under consideration. The following socially dangerous consequences are proposed. The first part: creating a real threat of causing significant harm to human health, the environment, animal or plant life, fish stocks, forestry or agriculture. The second part: causing harm to human health, significant harm to human health, the environment, animal or plant life, fish stocks, forestry or agriculture. The third part: causing the death of a person by negligence. The forth part: causing death by negligence to two or more persons.

scholarly journals Сreation of a Model of Indicative Planning

2020 ◽  
Vol 11 (3) ◽  
pp. 266-279
Author(s):  
O. O. Smirnova
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Methodological Approach ◽  
Planning Tool ◽  
Scientific Publications ◽  
Analysis Methodology ◽  
Single Opinion ◽  
The Russian Federation ◽  
Goals And Objectives

Purpose: this article is devoted to the study of issues and the creation of proposals for the formation of a model of indicative planning in the Russian Federation.Methods: the study is based on system analysis methodology. Program and strategic documents of the Russian Federation and modern scientific publications on the topic of research were used as materials for the work.Results: the author analyzed modern ideas about indicative planning and identified the problems of the lack of a systematic scientific and methodological approach in this area. Modern scientific literature does not have a single opinion on the theoretical and methodological provisions of indicative planning. Based on the analysis of foreign experience and Russian practice, the author presented proposals on the role and place of indicative planning in the system of strategic planning and project management documents in order to achieve the established development and security goals. On this basis, proposals are formulated for the formation of a domestic model of indicative planning. It was noted that the popular tools for implementing coherence, monitoring and adjusting goals through digitalization of strategic documents are part of indicative planning.Conclusions and Relevance: The approach to indicative planning is recommended as a process for the formation of a system of indicators (indicators) and the development of measures of state impact on economic processes based on indicators. In this regard, indicative planning should be considered as a combination: 1) the system of goals and objectives described by the corresponding indicators (indicators), 2) the system of measures aimed at achieving these indicators. This measure system also includes an indicative planning tool.As a toolkit, an approach is proposed that determines the conjugation of the two indicated blocks of indicative planning:architecture, which includes rules for building the system and structured on the basis of goals, objectives, indicators;tools that include balance calculations and mathematical modeling, as well as implementing on the basis of indicators the task of resource determination of goals for the development of a system of measures and management decisions.

scholarly journals COMMISSION OF A CRIME IN A STATE OF INTOXICATION AS AN AGGRAVATING CIRCUMSTANCE

2021 ◽  
Vol 31 (6) ◽  
pp. 1059-1064
Author(s):  
G.A. Reshetnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Main Question ◽  
Court Judge ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Russian Federation ◽  
Different Content

The article deals with the understanding, assessment criteria and accounting for the commission of a crime in a state of intoxication as an aggravating circumstance in the science of criminal law and in judicial practice. Application of Part 1.1 of Art. 63 of the Criminal Code of the Russian Federation in practice shows that the difficulties faced by the court (judge) and the authors dealing with this problem are due to the imperfection of this norm, a different idea of the internal legal nature of the circumstance in question, therefore, a different content of its legal and criminological grounds. The main question that they are trying to solve is whether the state of intoxication contributed to the commission of a crime, while the state of intoxication as a circumstance aggravating punishment must be assessed in conjunction with the consequences of the committed criminal act.

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