Criminal legal regulation of the blockchain functioning sphere in Russia: challenges and barriers

Research background. Despite the enormous attention of the scientific community, legislators, and law enforcement officials to the development and implementation of measures to combat cybercrime, the sphere of blockchain functioning and cryptocurrency circulation remains outside the scope of most criminal law research. This causes perplexity in the context of the desire of state bodies to introduce blockchain technology in many significant areas of society, as well as to introduce a regulatory framework dedicated to the issues of private and public legal regulation of digital financial assets. Concerns are also caused by the increase in the number of cybercrimes and the increasing involvement in them of the blockchain technology and virtual currencies, the circulation of which is carried out based on blockchain. The need to study the prospects for criminal law regulation of the blockchain functioning spheres in the territory of the Russian Federation becomes more and more obvious in such conditions. Study objective: to identify and to study the main challenges (problems) for modern criminal law regulation of the blockchain functioning sphere, possible barriers (obstacles) that reduce the effectiveness of such regulation, as well as potential directions for responding to these challenges and overcoming such barriers. Methods: formal legal and comparative legal research methods are widely used in conjunction with systemic, logical, and philological methods of interpreting the norms of law. The empirical part of the study is based on the investigation of judicial and other law enforcement practices, as well as transcripts of meetings of the State Duma of the Russian Federation and information from the media about criminal offenses that have become widespread in the sphere of blockchain functioning. The analysis of modern foreign and Russian scientific literature relevant to the selected research topic is carried out. Results and novelty: it is the first time that comprehensive analysis of the challenges of the current stage of the blockchain functioning sphere development, as well as legislative, law enforcement, doctrinal, and social barriers for creating a system of effective and comprehensive criminal law regulation of the named sphere, is carried out. The author’s concept of the directions of responding to the analyzed challenges and overcoming the corresponding barriers is presented.

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The Criminological and Legal Aspects of Using the Deferral of Punishment

Всероссийский криминологический журнал ◽

10.17150/2500-4255.2020.14(6).834-844 ◽

2020 ◽

Vol 14 (6) ◽

pp. 834-844

Author(s):

Alexandr Kuznetsov ◽

Roman Novikov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

Legal Regulation ◽

Legal Aspects ◽

The Russian Federation ◽

Socially Relevant ◽

Chelyabinsk Region ◽

Key Aspects ◽

The Impact

The institute of the deferral of punishment is one of the steadily developing institutes of contemporary criminal law in the Russian Federation that reflects a trend for the humanization of punishment, the economy of repressive criminal law measures, and for widening the list of measures and sanctions alternative to punishment. The relevance of the key aspects of research presented in the article is connected with the fact that the evolution of the institute of deferral of punishment in the doctrine of criminal law gives rise to a number of discussions both about the legal nature of this institute, its role and place among other criminal law measures, and the specific features of its application in the practice of law enforcement. Deferral of punishment is a socially relevant institute in Russian criminal law aimed at the correction of convicts without severing their socially relevant links. The impact of the requirements of international legislation on reducing the number of persons isolated from society and a wide use of alternative punishments in Russia have lead to a wider application of the deferral of punishment. The authors analyze specific aspects of the legal regulation of the deferral of punishment, study the criminologically relevant characteristics of persons to whom this criminal law measure is applied, as well as the law enforcement practice of appointing and enforcing the deferral of punishment. They present the results of surveying 250 convicts, and also of interviewing 300 employees of the penitentiary system, who ensure compliance with the requirements of law on the deferral of punishment in a number of regions of the Russian Federation, such as the Udmurt Republic, the Bashkortostan Republic, Kurgan Region, Kirov Region, Sverdlovsk Region, Chelyabinsk Region and Perm Region. The research also includes the analysis of departmental and court statistics, federal legislation and departmental normative acts. The conducted research allowed the authors to present their suggestions on improving the current legislation of the Russian Federation that regulates the penitentiary sphere.

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

Yugra State University Bulletin ◽

10.17816/byusu20190107-14 ◽

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.

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Genetic Engineering: Issues of Criminal Law Regulation

Penitentiary science ◽

10.46741/2686-9764-2020-14-4-479-485 ◽

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.

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Genetic Engineering: Issues of Criminal Law Regulation

Penitentiary science ◽

10.46741/2686-9764-2020-14-4-556-560 ◽

2020 ◽

Vol 14 (4) ◽

pp. 556-559

Author(s):

Oleg A. Belov ◽

Yuliya N. Spiridonova ◽

Aleksandr 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

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TO THE QUESTION OF RESPONSIBILITY FOR TRAINING FOR THE PURPOSE OF IMPLEMENTING TERRORIST ACTIVITIES IN THE RUSSIAN FEDERATION

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-2-84-87 ◽

2020 ◽

Vol 10 (2) ◽

pp. 84-87

Author(s):

HALIMAT AKKAEVA ◽

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

Legal Regulation ◽

Urgent Problem ◽

Counter Terrorism ◽

The World ◽

The Russian Federation ◽

Improvement Of Legislation ◽

Constant Improvement

At present, terrorism is an urgent problem for most states of the world. In this regard, there is a constant improvement of legislation and law enforcement practice in the counter-terrorism sphere. The author analyzed the institution of responsibility for training in order to carry out terrorist activities in the Russian Federation. The article states that Russian criminal law has examined certain aspects of holding accountable for undergoing appropriate training. However, this legal regulation does not take into account the currentlevel of development of the criminal community. In this regard, author's proposals are formulated to consolidate the organization of training in order to carry out terrorist activities as an independent crime.

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Some Questions of Parole in the Criminal Law of the Russian Federation

Cuestiones Políticas - Conflictividad política, pandemia de COVID-19 y nuevos paradigmasConflictividad política, pandemia de COVID-19 y nuevos paradigmas ◽

10.46398/cuestpol.382e.26 ◽

2020 ◽

Vol 38 (Especial II) ◽

pp. 337-350

Author(s):

Ildar A Tarhanov ◽

Ramil R. Gayfutdinov ◽

Karimov M. Karimov ◽

Ilnur A. Muzafarov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

Legal Status ◽

Legal Regulation ◽

The Social ◽

The Supreme Court ◽

Standard Text ◽

The Russian Federation ◽

Points Of View

The article examined fundamental issues of parole in the criminal law of the Russian Federation and, at the same time, aspects of the negative deloscope impact on the identity of the inso, from various points of view on the "social elevators" programme. All these social problems cause a low level of voluntary softening of the damage caused to the victim. During the analysis, we found that the legislature did not formulate well the model that it behaves encouraging to compensate for the damage caused, as set out in the standard text. An indication of the possibility of using incentives in the event of damages the possibility of an ambiguous interpretation of the standard text, leading to difficulties in law enforcement. In the conclusions, we express our position on the need for legal regulation other than this issue. Particular attention was paid to the victim's role in determining the amount of damage. The input of the article focused on discussing various approaches to this issue and establishing the need to clarify the criminal legal status of the victim at the level of the plenary session of the Supreme Court of the Russian Federation.

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THE CONCEPT OF ACCOUNTS PAYABLE IN THE COMPOSITION OF CRIMES IN THE SPHERE OF ECONOMIC ACTIVIT

Russian-Asian Legal Journal ◽

10.14258/ralj(2020)3.4 ◽

2020 ◽

pp. 17-20

Author(s):

A.G. Maksimov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

Economic Activity ◽

Civil Law ◽

Criminal Code ◽

Comprehensive Analysis ◽

Accounts Payable ◽

The Russian Federation ◽

Law Regulation

The norms of Chapter 22 of the Criminal Code of the Russian Federation are in the overwhelmingmajority of a blanket nature. Blanketness implies the need to appeal to other, in addition to criminal,branches of law to establish the content of a criminal law prohibition. However, the criminal law containsdefinitions that are not defined not only in the normative acts of various branches of law, but also in thelegal doctrine. Of course, such a situation significantly complicates the process of understanding the true content of the criminal law norm, as a result, can lead to significant errors in law enforcement. One ofthese definitions is “accounts payable”. The term itself is directly mentioned in the disposition of one normof the criminal law — Art. 177 (malicious evasion from paying off accounts payable). However, the term“accounts payable” must be established when qualifying a number of other acts, for example, such as unlawfulactions in bankruptcy, deliberate bankruptcy, fraud associated with deliberate failure to fulfill contractualobligations (parts 4 and 5 of article 159 of the Criminal Code of the Russian Federation). In this article,the author, on the basis of a comprehensive analysis of the economic content, civil law regulation and thespecifics of criminal law application, proposes his own approach to establishing the content of the conceptof “accounts payable”, which can be useful both in developing a model of effective criminal law protectionof economic activity, and and in the process of law enforcement.

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Scientific and practical commentary on the Criminal Law Enforcement Code of the Russian Federation, 4th Edition

10.31085/9785392318315-2021-496 ◽

2021 ◽

Author(s):

A.V. Brilliantov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

The Russian Federation

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CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-6-31-41 ◽

2020 ◽

Vol 10 (6) ◽

pp. 31-41

Author(s):

DANILA ILIN ◽

Keyword(s):

Health Care ◽

Law Enforcement ◽

Health System ◽

Russian Federation ◽

Criminal Law ◽

Social Life ◽

Criminal Liability ◽

General Description ◽

Theoretical Approaches ◽

The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

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Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

Vestnik Tomskogo gosudarstvennogo universiteta ◽

10.17223/15617793/464/30 ◽

2021 ◽

pp. 267-271

Author(s):

Vаleria A. Terentieva ◽

Keyword(s):

Russian Federation ◽

Criminal Law ◽

Criminal Liability ◽

Educational Institution ◽

Criminal Code ◽

Criminal Punishment ◽

Simultaneous Application ◽

Closed Type ◽

The Russian Federation ◽

Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

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