Debatable Aspects of Determining Boundaries of Specific Object of Crimes Stipulated by Chapter 19 of the Criminal Code of the Russian Federation

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valyeriy Novikov
Keyword(s):  
Social Relationships ◽  
Russian Federation ◽  
Criminal Code ◽  
Legal Rule ◽  
Direct Object ◽  
Constitutional Rights ◽  
Specific Object ◽  
The Russian Federation ◽  
Citation Method

This article discusses issues of the boundaries of specific object of crimes stipulated by Chapter 19 of the Criminal Code of the Russian Federation. The author draws attention to the fact that the title of this chapter of the Criminal Code of the Russian Federation: “Crimes against the Constitutional Rights and Freedoms of Individuals and Citizens” does not accurately reflect its content. A number of crimes that infringe on the constitutional rights and freedoms are described in other chapters and even sections of the Criminal Code of the Russian Federation. At the same time corpus delicti in art. 138.1 of the Criminal Code of the Russian Federation, unreasonably included in Chapter 19 of the Criminal Code of the Russian Federation as the main direct object of this crime, is not related to the specific object — social relationships that ensure the implementation of constitutional rights and freedoms. In this connection the author proposes to change the title of this Chapter of the Criminal Code of the Russian Federation using the citation method for groups of constitutional rights and freedoms of an individual and citizen, which are actually protected by articles of this Chapter and to move the legal rule of responsibility for trafficking in special technical devices intended for secret obtaining of information, to Chapter 29 of the Criminal Code of the Russian Federation.

scholarly journals PROBLEMS OF LEGAL REGULATION OPERATIONAL AND INVESTIGATIVE ACTIVITIES IN THE EXECUTION OF NON-CUSTODIAL SENTENCES: ANALYSIS OF LEGISLATION AND PRACTICE

2021 ◽  
Vol 37 (1) ◽  
pp. 107-111
Author(s):  
S.A. Kutukov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Organizational Problem ◽  
The Russian Federation ◽  
Executive System ◽  
Legal Grounds ◽  
Tools And Methods

The article is devoted to the improvement of operational-search legislation in the field of organization of operational-search activities in the criminal Executive system, in particular, the grounds and conditions for conducting operational-search activities that restrict the constitutional rights of citizens, as well as their conduct in relation to those sentenced to non-custodial sentences. The main legal and organizational problem is the lack of legal grounds for conducting operational search activities that require court approval when conducting search work and, as a result, the inability to use the entire set of tools and methods for solving crimes, as well as an incorrect interpretation of article 18.1 of the criminal code of the Russian Federation.

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 Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

Prawnokarna ochrona wyborów w Federacji Rosyjskiej

2021 ◽  
Vol 1(162) ◽  
pp. 31-58
Author(s):  
Katarzyna Laskowska
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Penal Code ◽  
First Year ◽  
Constitutional Rights ◽  
Criminal Offence ◽  
Limited Access ◽  
The Russian Federation ◽  
Access To Data

The study is of a dogmatic and empirical nature. It presents the scope of legal regulation of selected crimes against constitutional rights and freedoms of a human and citizen contained in the Criminal Code of the Russian Federation of 1996. It discusses the provisions concerning violations of law that may occur at different stages of the electoral process. The study describes forbidden behaviours of a voter, a member of an electoral commission and an electoral committee, a participant of a referendum initiative group and another group of referendum participants, as well as acts committed against the mentioned subjects. They were analysed according to the classical arrangement of the statutory attributes of a criminal offence. The analysis confirmed the validity of the criminalisation of many behaviours that impede the holding of lawful, reliable and fair elections. Next, the study presents a statistical picture of the analysed acts. The dynamics of registered offences against elections in the years 1997–2017 (from the first year of the Penal Code of 1996 to the present day) and the number of convictions for their commission in the period 2009–2017 were presented (due to limited access to data). This allowed to show the scale of the phenomenon and the reaction of the courts to it.

scholarly journals Appropriate Correspondence with the Needs of Enforcement Practice: Myth or Reality

2019 ◽  
pp. 134-141
Author(s):  
N. A. Danilova ◽  
M. A. Grigoryeva
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Industrial Safety ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
Safety Requirements ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Hazardous Production ◽  
The Russian Federation

The modern features of the formation of judicial investigative and prosecutorial and supervisory practice are analyzed, attention is focused on how the decisions of the highest court exert influence on these processes. The authors analyze the shortcomings of the decisions of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 No. 46 “On some issues of judicial practice in cases of crimes against constitutional rights and freedoms of man and citizen (Articles 137, 138, 138.1, 139, 144.1, 145, 145.1 of the Criminal Code of the Russian Federation )» and dated November 29, 2018 No. 41 “On judicial practice in criminal cases concerning violations of labor protection requirements, safety rules during construction or other works, or industrial safety requirements of hazardous production facilities”.

scholarly journals Comparative study of crimes of deliberate non-payment of wages in the Criminal Codes of China and Russia

2021 ◽  
pp. 159-162
Author(s):  
Kai Xu
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
People's Republic Of China ◽  
Employment Contract ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
To Receive

The phenomenon of malicious non-payment of wages is widespread in all countries of the world, maybe it is especially serious in China, it has attracted a lot of attention from the Party (CPC) and the Chinese government. Under conditions when the solution of this issue through civil and administrative methods is not very effective, the Chinese legislative bodies, under the leadership of offi cials, fi nally decided to use the intimidating power of criminal punishment to solve this problem, which has tormented the government for many years.Article 41 “Amendments to the Criminal Code (8) of the People’s Republic of China” states: After article 276 of the Criminal Law, an article is added as one of the articles 276: Evasion of payment of wages to workers by transferring property, escape, etc. Or those who are able to pay, but do not pay wages to employees in the case when the amount is relatively large, and the relevant government departments order the payment of wages, but still cannot pay, are punished with imprisonment for up to 3 years or arrest, and additionally or as an independent punishment — a fi ne; Persons who have committed the same violations that have entailed serious consequences are punished with imprisonment for a term of 3 to 7 years and additionally with a fi ne. If the crime mentioned in the fi rst part of this article was committed by an organization, a fi ne is applied to the organization, and the directly responsible heads of the organization and other directly responsible persons are punished in accordance with the fi rst part of this article. The acts provided for in the fi rst and second parts of this article, which did not entail serious consequences, in which the employee’s salary for work is paid before the charge is brought and appropriate compensation is accepted in accordance with the law, then the punishment may be commuted or released. Article 276 of the Criminal Code provides for the crime of causing harm to production and economy, which belongs to this chapter crime against property (Chapter 5 of the special part of the Criminal Code). Therefore, the crime of malicious non-payment of wages is a crime against the property of citizens (employees).Due to the fact that the Chinese Constitution does not provide that citizens have the right to receive remuneration, only the Labor Legislation states: that Workers have the right to equal employment and choice of profession, the right to receive wages for work ... In view of this, that from the point of view of legal relations, based on both the Labor Law and the Law on the Employment Contract, the effect of non-payment of wages only occurred between the employee and the employer. According to the employment contract, disputes arising when, after the employee has fulfi lled the contract, but the employer does not pay him wages in accordance with the contract.The Criminal Code of the Russian Federation provides for crimes of non-payment of wages, pensions, scholarships, allowances and other necessary payments in chapter 19 “crimes against the constitutional rights and freedoms of man and citizen” of section VII “Crimes against the person”. Bringing together the above, the rights to pay for work, receive state pensions and social benefi ts, etc., protected by the Criminal Code of the Russian Federation, are constitutional rights. And also, they are specifi ed in Article 2 of the Constitution of the Russian Federation a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state, specifi ed in the Criminal Code of the Russian Federation.In China, when criminalizing the action of non-payment of wages, the most fundamental issue that needs to be resolved is to have a basis of justice, that is, to introduce "income from labor" into the Constitution of the People’s Republic of China, which provides for the basic rights of a citizen. At the same time, it is necessary to amend the chapter related to “crimes against the rights of the individual and the democratic rights of citizens in the Criminal Code,” and to amend the “crime against constitutional rights,” as well as the chapter includes “crimes of non-payment of wages, scholarships, pensions and benefi ts”, but should not be included in chapter 5 “crime against property”.As a result, a comparison of the criminal code between the two countries China and Russia on the crime of malicious non-payment of wages shows that there are contradictions and problems in Chinese legislation, and the political signifi cance of the legislation far exceeds the legal signifi cance, which will directly affect its application in judicial practice.

scholarly journals Sports crimes: issues of systematic approach, criminalization and qualifications

2021 ◽  
Vol 108 ◽  
pp. 02009
Author(s):  
Oleg Alexandrovich Dizer ◽  
Irina Gennadievna Bavsun ◽  
Andrey Viktorovich Zarubin ◽  
Vladimir Nikolaevich Safonov ◽  
Georgy Yurievich Sokolsky
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Method ◽  
The Supreme Court ◽  
Specific Object ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The study prerequisites are the fragmentation in the current criminal legislation of criminal law standards protecting the field of sports, as well as the issues of criminalization of acts in sports and the qualification of sports crimes. The study aims to solve the issues of systematization of regulatory provisions, the object of which is social relations in sports, taking into account the characteristics of the generic and specific objects, the degree of encroachment danger. The methods included the dialectical method, abstraction, analysis, synthesis, deduction, formal legal method, method of comparative jurisprudence. The results and novelty of the study reside in the conclusions about the advisability of identifying a separate specific object of criminal law protection (social relations in sports), which would systematize related and close acts not only in professional sports but also at all levels of official sports competitions. In this context, the issues of criminalization and qualifications of causing harm to life and health of an individual in violation of the sport rules, exerting unlawful influence on the result of an official sports competition, actions provided for in Art. 230.1 and 230.2 of the Criminal Code of the Russian Federation, as well as the synchronization of the subject of the latter with the subject of Art. 234 of the Criminal Code of the Russian Federation. Based on the foregoing, the recommendation of isolating a separate chapter in the Criminal Code of the Russian Federation and issuing a separate Resolution of the Plenum of the Supreme Court of the Russian Federation on crimes in sports is substantiated. Such measures will be able to optimize the criminal law protection of such an important sphere of public life as sports. In addition, this will make it possible to bring the quality of domestic criminal legislation and sports legislation to the international level and significantly increase the prestige of the Russian Federation.

Objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable (Article 177 of the Criminal Code of the Russian Federation)

2020 ◽  
pp. 327-347
Author(s):  
Sergey Kartashov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Liability ◽  
Criminal Code ◽  
Essential Elements ◽  
Direct Object ◽  
Accounts Payable ◽  
The Russian Federation ◽  
Points Of View ◽  
Objective Side

We consider objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable. We emphasize that at the present time there is a polemic among scientists regarding the di-rect object of this crime and its subject, and there are also evaluative elements that characterize the objective side of this crime. Therefore, based on the analysis of Article 177 of the Criminal Code of the Russian Federation and doctrinal points of view, we conclude that it should highlight the main direct object – economic relations associated with lending and an additional direct object – social relations associated with the sphere of justice. The subject of this crime will be money and securities, but not accounts payable. Thus in relation to the funds, the debtor is indebted in an amount exceeding two million two hundred fifty thousand rubles, while in relation to the securities the debt by the legislator in Article 177 of the Criminal Code is not specified. Regarding the elements of the objective side of the crime composition under consideration, we note that it is characterized as malicious evasion from satisfaction of accounts payable on a large scale or from redemption of securities after the entry into force of the relevant judicial act. Taking into account judicial practice and doctrinal points of view, we conclude that in order to uniformly interpret and apply Article 177 of the Criminal Code of the Russian Federation, it is necessary to replace the word “maliciousness” with “intentional non-payment”, or give an official interpretation of the category of “maliciousness”, but without emphasizing the practice that follows certain (individual) court sentences. For example, maliciousness can be understood as “deliberate non-payment by a person of a debt, when he can fulfill his financial obligations, after one warning from the bailiff-executor about criminal liability under Article 177 of the Criminal Code of the Russian Federation”.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

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