Criminal Characteristic of the Object of Bankruptcy Crimes

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Direct Object ◽  
Special Part ◽  
Legislative Regulation ◽  
Specific Object ◽  
Definition Of

The article raises the question of the object of a bankruptcy crime. The major problem is the coincidence of the generic and specific objects of such crime. Such vagueness in the legislative regulation generates incoherent law enforcement and confusion in practice in cases of a bankruptcy crime. Besides it creates opportunities for the criminal law abuse in certain cases. The author suggests changing theoretical and legislative approaches to the definition of the specific object of bankruptcy crimes. In particular, a specific object of bankruptcy crimes should be identified according to the characteristic of an independent specific object of the crime, which will result in its significant elaboration for this type of crime, without changing the content and focus of the Special part of the Criminal code. The author considers the direct object of the bankruptcy crime that refers to the totality of social relations concerning legal protection of the statutory recognition of a debtor as a bankrupt, voluntary satisfaction of creditors’ claims, and proportional and priority distribution of the bankruptcy estate as a result of applying bankruptcy procedures, to be a matter of principle.

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 Generic, specific and direct object of a crime under the Article 330 of the Criminal Code of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 19-27
Author(s):  
V. Yu. Boichuk
Keyword(s):  
National Security ◽  
Social Relations ◽  
Criminal Law ◽  
Social Activity ◽  
Criminal Code ◽  
The State ◽  
Direct Object ◽  
Direct Objects ◽  
State Secrets ◽  
Official Information

The author has carried out the research of one of the mandatory elements of corpus delicti under the Art. 330 of the Criminal Code of Ukraine – its object. In the course of its analysis, the author has considered general classification of objects of a crime generally adopted in the doctrine of criminal law of Ukraine (depending on the degree of generalization of the social relations protected by the criminal law, which are the objects of various crimes) into general, generic, specific and direct ones. The concept and essence of general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine, are determined on the basis of views on the object from the standpoint of the theory of social relations. It has been emphasized that general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine constitute a system, that is, they are not just a simple set, but are in interdependence. The link element through which the system of objects of this crime is formed is defined as the general sphere of social activity, where the mentioned social relations arise, develop and operate, namely, the national security of Ukraine. Thus, all social relations, which are put under the protection of Section XIV of the Special Part of the Criminal Code of Ukraine, arise and function in general in order to safeguard the interests of Ukraine’s national security. Generic object of a crime under the Art. 330 of the Criminal Code of Ukraine, has been defined as social relations existing with regard to the security of state secrets and official information gathered in the course of operative and search, counter-intelligence activities, in the field of the country defense, as well as the security of the state border of Ukraine and military security in terms of providing draft call and mobilization. Accordingly, the specific object of this crime is more narrow range of specific social relations that are associated with ensuring the state of information security. It was formulated as social relations that exist with regard to the security of state secrets and official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The direct object of a criminal act under the Art. 330 of the Criminal Code of Ukraine, was admitted as social relations that exist with regard to the security of official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The author has revealed the systemic nature of interrelations between the generic, specific and the direct object of a crime, stipulated by the Art. 330 of the Criminal Code of Ukraine.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

2021 ◽  
pp. 181-188
Author(s):  
Serhii Repetskyi
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Educational Process ◽  
Practical Significance ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Special Part ◽  
Illegal Acts ◽  
Definition Of ◽  
Criminal Legislation

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

scholarly journals The Meaning of the Sign “Knowingness” in Establishing Intent

2020 ◽  
Vol 16 (2) ◽  
pp. 74-81
Author(s):  
Andrey G. Ivanov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Legal Concept ◽  
Special Part ◽  
Soviet Time ◽  
Category Knowledge ◽  
Definition Of ◽  
Criminal Legislation ◽  
The Relationship

The article, taking into account scientific opinions expressed by scientists at different times and the legislative definition of intent, analyses the characteristic “knowledge” which is used in many norms of the Special Part of the Criminal Code of the Russian Federation. The study emphasizes the relationship between the boundaries of the legislative formula of intent, in particular its intellectual element, and the legal concept under consideration, and on the example of some crimes. The limits of reliability and admissibility of knowledge of certain circumstances within the category “known” and their impact on awareness of public danger and anticipation of socially dangerous consequences are considered. Special attention is paid to the importance of this concept in the structure of the intentional form of guilt and this is done in comparison with the criminal legislation of the Soviet time. The role of the category “knowledge” in ensuring the principle of subjective imputation and compliance with the prohibition of objective imputation in the context of the abolition of this category from criminal law is discussed. In the operative part of the article, it was suggested that the topic should be applied in criminal law.

scholarly journals The Object and Its Significance in Crimes of Looting Other’s Property by Using Computer Tools

2021 ◽  
Vol 58 (1) ◽  
pp. 1057-1068
Author(s):  
Kh. R. Ochilov
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Complex Nature ◽  
Computer Tools ◽  
Property Relations ◽  
Special Part ◽  
Plastic Card ◽  
The Subject

It should be noted that some types of plundering can damage not only property, but also other social relations protected by criminal law, that is, such crimes affect several social relations at once. In criminal law, crimes of this type are called crimes of a complex nature if the damage is caused to more than one object as a result of the commission of a socially dangerous act. The crime of looting other people's property by means of computers is also a crime of a complex nature, ie not only property relations, but also social relations in the field of information technology, and in some cases social relations in the field of public administration. will also be damaged. As a rule, in complex crimes, the object is qualified depending on the main direct object, if the objects affected are two or more social relations protected by criminal law. In robberies of other people's property using computer tools in most cases, the object of the crime is not in the direct possession of the victim, ie non-cash money is usually kept in a special institution (bank) or device (plastic card) where the money is stored and authorized to carry out certain operations. Generally, the property of another is defined as property that is not in the possession or legal possession of the offender. However, such an interpretation does not apply to the crime of misappropriation or robbery of another's property by means of computers, as the subject of the crime uses special powers in relation to the subject of the robbery, ie abuses the trust of the owner and the perpetrator robs him. The fact that special powers in relation to property are the main special feature of the crime of embezzlement or plundering is determined by the disposition of the property in the disposition of the criminal law. However, non-cash money in a specific account entrusted or pledged to the defendant or at the disposal of the defendant shall not constitute the subject of misappropriation or misappropriation by computer means. In this case, the actions of the offender are qualified by the relevant articles of the Special Part of the Criminal Code, which provide for liability for crimes against justice, and are not qualified as a set of crimes under the articles of liability for robbery.

scholarly journals Public danger of crime: the concept and criteria of verification

2020 ◽  
Vol 4 (4) ◽  
pp. 124-140
Author(s):  
Natalia A. Lopashenko ◽  
Arina V. Golikova ◽  
Elena V. Kobzeva ◽  
Darya A. Kovlagina ◽  
Mikhail M. Lapunin ◽  
...  
Keyword(s):  
Social Relations ◽  
Objective Assessment ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Responsibility ◽  
The Public ◽  
Legal Literature ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Definition Of

The subject. The article reveals theoretical, lexical and logical approaches to determining the essence of the public danger of crime. The purpose of the article is to confirm or dispute hypothesis that the public danger of crime as a legal or theoretical construction represents the possibility of negative changes in society; public danger is an exclusive social feature of criminal acts. The authors also aim to develop a system of verifiable criteria for public danger. The methodology of the research is an objective assessment of the public danger as legal category. It is performed selecting a system of verified factors of public danger on the basis of analysis and synthesis, induction and deduction, interpretation of legal literature. The main results, scope of application. The meaning of the legal definition of a crime contains the purpose of preventing possible harm to society stipulated in the criminal law. This fact is due to the preventive task (part 1 of article 2 of the Russian Criminal Code). The public danger of crime as a phenomenon of objective reality is meaningless, since the crime is the negative changes and harm that has occurred. The social danger of crime creates a shock to the foundations of society, undermines the conditions of its existence. Other ("non-criminal") offenses that contradict the established law and order in the state do not threaten the basic system of social values. Intersectoral differentiation of legal responsibility should have transitivity, which includes a rule: the degree of repression of coercive measures within various branches of law meets the rules of hierarchy. Mandatory signs of public danger of a crime are that the act: 1) affects significant social relations that need criminal legal protection from causing harm to them by socially dangerous behavior; 2) has a harmful potential that is fraught with causing significant harm or creating a threat of causing such harm to the object of criminal legal protection; 3) results in socially dangerous consequences; 4) is characterized by the guilty attitude of the subject to the deed, expressed in the form of intent or carelessness. Optional criteria of public danger of act are: the characteristics of the crime and characteristics of victim; method of committing a crime; the time, place, atmosphere, instruments and means of committing the crime; the motive; the object of the crime; special characteristics of the perpetrator. The quantitative indicators (size, severity, or other value) of the subject of the offense and its socially dangerous consequences, as well as the repetition of the act and the presence of a special recidivism of crimes should not be used as criteria for public danger of behavior. Conclusions. Public danger is a social feature exclusively of criminal acts (crimes and potential criminal misdemeanors); all other types of offenses are harmful to the interests of society, but they do not pose a danger to it. To exclude competition between criminal and administrative responsibility, it is necessary to take into account the public danger of the crime on the basis of verifiable factors.

scholarly journals Legislative and textual approach to notes articles of chapter 22 of the Criminal code Russian Federation

2020 ◽  
pp. 161-168
Author(s):  
Alexandra Sitnikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Special Part ◽  
Textual Approach ◽  
The Russian Federation ◽  
Instrumental Methods ◽  
Theoretical Foundations

The purpose of the work is to develop provisions that constitute the theoretical foundations of the legislative textual approach to remarks as normative texts that supplement, concretize or clarify the texts of articles of the Special part of the Criminal code of the Russian Federation. Methodology. As a methodological basis, we used the dialectical method of cognition, which, in combination with instrumental methods of research, allowed us to obtain new conclusions. The main results: 1) the notes to the articles of chapter 22 of the Criminal code of the Russian Federation are specialized criminal law provisions; 2) the legislative textual approach makes it possible to classify them into notes-definitions, notes-clarifications, notes-exceptions and calculative notes; 3) notes are one of the instruments of criminal law policy. Conclusion. The criminal law prescriptions formulated in the notes to the articles of chapter 22 of the Criminal code of the Russian Federation establish in criminal law definitions of criminal legal categories, specify cost attributes, disclose the content of value attributes, and provide the law enforcement with rules for calculating the value of items of economic crime.

scholarly journals Organized Crime under Anglo-Saxon Criminal Law: Features of Legislative Regulation

2020 ◽  
Vol 15 (1) ◽  
pp. 151-160
Author(s):  
S. S. Zhukova
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Common Law ◽  
Criminal Group ◽  
Criminal Code ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Significant Difference ◽  
Legislative Regulation ◽  
Definition Of

The paper is devoted to the comparative legal analysis of the group commission of a crime under Anglo-Saxon criminal law. The commission of a crime in conspiracy has an increased public danger and poses a serious threat to each state and society as a whole. Foreign lawmakers take different approaches to the definition of organized crime, taking into account its heterogeneous nature. The author studies the specificity of the legislative regulation of variations in criminal groupings in common law countries. A comparative analysis of the legislative regulation of organized crime allows us to note the positive experience that can be used to improve domestic criminal law governing forms of conspiracy and law enforcement.The study notes that the criminal law of the Anglo-Saxon legal family is characterized by a low level of systematization of legislation and increased attention to the norms (decisions) expressed in the judicial precedent. At the same time, the existing criminal law standards governing the institution of conspiracy comply with international law. Some common law countries recognize a conspiracy between two or more persons for committing a crime as an organized crime group. It is important to note that this feature is also a characteristic of domestic criminal law. In accordance with Art. 32 of the Criminal Code of the Russian Federation, a conspiracy is the intentional joint participation of two or more persons in the commission of an intentional crime. At the same time, a significant difference between the criminal law of the Anglo-Saxon legal family is the legislative consolidation of the qualitative and quantitative criteria of group formations (criminal association, organized criminal group, gang) depending on the degree of public danger of their crimes.

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