scholarly journals Improving the effectiveness of prevention in the context of the limits of the criminal law

2021 ◽  
Vol 108 ◽  
pp. 02011
Author(s):  
Olesya Viktorovna Zaitseva ◽  
Irina Vladimirovna Polikarpova ◽  
Kazbek Muhamedovich Khutov ◽  
Dmitriy Viktorovich Zaitsev
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Rapid Development ◽  
Criminal Cases ◽  
Psychological Analysis ◽  
Economic Transformations ◽  
Criminal Legislation ◽  
First Time ◽  
Intentional Acts

The rapid development of information and telecommunications technologies, the transformation of public relations caused by permanent socio-economic transformations which are happening in Russia and the world, result in numerous changes in criminal legislation and, as a result, problems associated with the establishment of spatial and temporal boundaries of criminal behavior. The purpose of the study is to develop practical recommendations aimed at improving the effectiveness of the preventive impact of criminal law by identifying the factors that determine the mentioned characteristics of a socially dangerous act. To solve these problems, the authors used the criminological tools of the study (the Bayesian method of time series forecasting, methods of questionnaires, and psychological analysis of criminal cases). In the article, for the first time, the problem of improving the effectiveness of criminal law prevention is considered in the context of the mechanism of individual criminal behavior. This allowed establishing that the spatial and temporal characteristics of a socially dangerous act do not depend on the structure of the crime, as it is considered in criminal science, but on the form of the offender’s guilt. The criminological understanding of the crime allowed the authors to formulate proposals for improving the current criminal legislation and the practice of its application. The authors believe that in the case of intentional acts, when determining the optional features of the objective aspect of the crime, it is necessary to consider the place of full implementation of all the planned actions by the person, regardless of the place of occurrence of socially dangerous consequences. In the case of careless criminal encroachments, the territorial parameters of the occurrence of the criminal result should play a defining role. This article also describes the author’s position on the place of commission of continuing and remote offenses.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

The Mechanism for Imposing Punishment as a Tool for Implementing the Principle of Justice

2020 ◽  
pp. 32-37
Author(s):  
Vadim D. Filimonov ◽  
Keyword(s):  
Public Relations ◽  
Personality Traits ◽  
Antisocial Behavior ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Social Phenomenon ◽  
The Public ◽  
The Social ◽  
Principle Of Justice

The article examines justice as a principle of law and as criminal principle of justice as a principle of compensated justice. The measure of justice in punishment is mainly the correspondence of the punishment to the public danger of the committed crime, i.e. a certain equality of harm caused by criminals to other persons, society or the state, and the severity of the punishment imposed on them. The author argues that a court that follows the principle of justice in imposing punishments has to establish two types of genetic correspondence. The first type is the correspondence of the criminal behavior, circumstances of the crime and the culprit’s personality to the public danger of the criminal’s personality as a criminological basis for imposing punishment. This correspondence employs the genesis of criminal behavior to substantiate the imposed punishment. The rejection of this correspondence could lead to a misconception about the nature and degree of social danger of the perpetrator’s personality as well as an unreasonable type and amount of punishment for the committed crime. The second type consists in the compliance of the type and amount of punishment with the grounds for its imposition ˗the social need to oppose antisocial behavior and personality traits of the guilty person with such a punishment that meets the interests of law-abiding citizens, society, and the state, that is, a social phenomenon that embodies the genesis of criminal law regulation of public relations. The author claims that that it is necessary to identify not only the above-mentioned types of genetic and other correspondences in the mechanism of imposing a punishment, but also take into account the correspondence in terms of proportionality, especially when it comes to the compliance of the punishment with the gravity of the crime committed. Having analyzed all types of correspondences in the mechanism of punishment imposition, the author concludes that since the indicated types of orrespondences in the system of punishment imposition determine the activity of the court, insofar they act as its regulators. The ability to regulate the activities of the court turns their entire set into an instrument for introducing the principle of justice into punishment. Therefore, the mechanism for imposing punishment manifests itself in the process of regulating criminal law relations as a legal instrument for implementing the principle of justice in punishment.

MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT

2020 ◽  
Vol 13 (6) ◽  
pp. 93-97
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Medical Services ◽  
Educational Institutions ◽  
Criminal Cases ◽  
Related Services ◽  
Legal Norms ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Substantiation

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.

The Influence of Christianity on the Development of Institutions of Crime and Punishment in Russia

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Наталия Акимова ◽  
Nataliya Akimova
Keyword(s):  
Criminal Law ◽  
Social Life ◽  
Criminal Behavior ◽  
Customary Law ◽  
Spiritual Support ◽  
Cultural Traditions ◽  
Crime And Punishment ◽  
Christian Religion ◽  
Criminal Legislation ◽  
The Church

The article deals with the issues, related to the problem of correlation between law, religion, morality and cultural traditions in the context of criminal behavior. The article analyses tendencies in determinism of philosophical-religious beliefs developed on the basis of centuries-long experience of Christianity, and their influence on the formation and development of the domestic criminal legislation. In her research the author founds upon such sources as the Statute of Prince Vladimir, the Russian Truth, the Code of Tsar Aleksey Mikhailovich. The author draws the conclusion that throughout the whole period of the Christian religion existence, the church and the state have never stayed apart from each other. The church has had a major impact on various aspects of social life, including formation of the customary law, which was one of the factors that seriously affected the development of the modern criminal legislation. Criminal law and the legislation of the pre-revolution Russia had gone hand-inhand with the Christian religion all the way up through the October Revolution of 1917, always finding from its ally spiritual support and canonic recipes to criminalize certain socially dangerous actions, and also to differentiate responsibility and individualize punishment.

scholarly journals Criminal law problems in determining the object of intellectual property crimes

2019 ◽  
pp. 110-118
Author(s):  
M. A. Zheludkov ◽  
V. N. Chernyshov ◽  
M. N. Kochetkova
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Public Relations ◽  
Criminal Law ◽  
Scientific Community ◽  
Rapid Development ◽  
Property Ownership ◽  
Conceptual Apparatus

Currently, due to the rapid development of information technology, there is an urgent need to protect public relations of property from crimes committed in the intellectual rights area. The absence of conceptual apparatus consolidated in laws or supported by the scientific community complicates determination of interrelations between the concepts of “property”, “ownership”, “intellectual property” and “right of ownership,” which subsequently determines the classification of acts as different objects of protection under criminal law. The article examines the complex of topical issues related to the protection against crimes in the field of intellectual property in Russia, the analysis of the ratio of crimes against property and crimes affecting intellectual property, the study of the features of the objects protected under criminal law.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

Goal-setting of criminal law impact as a special activity of the state

2021 ◽  
Author(s):  
Vladimir Duyunov
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Law Schools ◽  
Depth Study ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation

The monograph continues the study of the phenomenon of criminal law as a purposeful special state activity carried out in the order of the state's reaction to criminal behavior and crime. Proceeding from the key value of goal-setting and the goals of activities in the field of combating crime, the author attempted an in-depth study of this problem through the prism of the goals of the state policy of combating crime, the goals of criminal law impact, an analysis of the debatable problem of punishment and the problem of goal-setting in the criminal legislation of the Russian Federation. The monograph is intended for students, graduate students, researchers, teachers of law schools, law enforcement officials and all persons interested in the problems of criminal law.

LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

2020 ◽  
pp. 39-45
Author(s):  
V. F. Lapshin ◽  
E. H. Nadiseva
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
Criminal Legislation ◽  
Principle Of Legality

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

THE DEVELOPMENT OF MODERN RUSSIAN CRIMINAL ANTI-CORRUPTION LEGISLATION

2018 ◽  
pp. 21-29
Author(s):  
Andrey Sergeyevich Burtsev ◽  
Vyacheslav Sergeyevich Semenyakin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Mutual Influence ◽  
Criminal Code ◽  
Minimum Size ◽  
Legal Norms ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Modern Russian

We consider development of modern criminal legislation features in the anti-corruption sphere. The urgency of the fight against corruption in the Russian Federation and the difficulties standing in its way are emphasized. Noted the specificity of the Russian legislation in the anti-corruption sphere, which consists in the fact that the modern Russian criminal law mechanism of combating corruption is firmly based on international legal acts. The main stages of development and formation of modern anti-corruption legislation, its connection with international law are considered. The role of legal norms in strengthening the security of the state, increasing its authority in the world is revealed. A large number of sources of corruption law are analyzed, including the Criminal Code of the Russian Federation, Federal laws, the Decision of the Supreme Court of the Russian Federation, Decrees of the President of the Russian Federation. Changes made to the legislation in different years concerned the subject structure, the minimum size of a bribe, nature of commission of crime, etc. In the course of the analysis of anti-corruption norms of criminal law traced their relationship with the non-criminal legislation in force in this area, noted their mutual influence. It is concluded that the current anti-corruption criminal legislation has been formed in the Russian Federation, but the process of its development due to the ongoing socio-economic transformations of society is not completed. The necessity of an effective legal mechanism regulating public relations arising in the case of a corruption-related crime is noted.

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