Contemporary criminal law policy: a new phase of liberalization

In the article the modern criminal law policy is viewed as a multidimensional socio–legal phenomenon. The author distinguishes several levels of legal policy: theoretical, directive, legislative, institutional and enforcing. The article shows that the modern stage of development of criminal law policy is characterized by strengthening of negative tendencies at all levels of development, formation, organization and implementation of criminal policy. As a result, in the Criminal Code of the Russian Federation inoperative statutes and double regulations appeared, the inclusion of which in the criminal law creates confusion and leads to difficulties in law enforcement practice. Casuistry of criminal law policy is evident not only in norms of the Special part of the Criminal code of the Russian Federation, but also in the requirements of the Special part that violates the consistency of the criminal law, reduces the quality of legal rules and the effective protection of the rights and legitimate interests of citizens by criminal law means. In general criminal policy of Russia at the present stage has the reflective nature, because forms, means and methods of combating crime are determined spontaneously, under the pressure of circumstances, indicating a lack of scientifically proved criminal law policy.

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Liberalization and Humanization of Criminal Law Policy

Всероссийский криминологический журнал ◽

10.17150/2500-4255.2021.15(5).565-577 ◽

2021 ◽

Vol 15 (5) ◽

pp. 565-577

Author(s):

Irina Kravchenko

Keyword(s):

Civil Rights ◽

Russian Federation ◽

Criminal Law ◽

Criminal Policy ◽

Criminal Code ◽

Economic Interests ◽

Special Part ◽

The Russian Federation ◽

The Individual ◽

Criminal Legislation

The goal of the article is to define modern trends in criminal law policy in the Russian Federation. More thorough research should be carried out in connection with lively scientific discussions on defining the essence of criminal policy and the lack of a universal understanding of the contents and key trends of developing criminal law policy. The author researched two components of criminal law policy which are currently trending in the research community — humanism and liberalization. The author’s own understanding of these characteristics is presented in the article. The author also studied the clauses of the Concept of criminal law policy of the Russian Federation from the standpoint of their correspondence to humanistic and liberal ideas and carried out an analysis of changes in Russian criminal legislation with the aim of identifying modern trends in criminal law policy. The study is carried out for the period of the latest full five years (2016–2020). It is stated that the number of laws aimed at amending the Criminal Code of the Russian Federation, and the number of actually introduced amendments are diverse values. Most changes are aimed at amending the Special Part of criminal law and are connected with criminalization. There is a trend for strengthening the protection of economic interests and public security, which has a rather weak correlation with the widely recognized priority for the protection of the individual, civil rights and freedoms. In general, the analyzed period is characterized by tightening of criminal law policy. The key features of criminal law amendments are their inconsistency, lack of a system or a unified direction. The author concludes that, contrary to the expectations of the public, the humanism and liberalization are manifested very moderately at the current stage of criminal policy’s development, they do not constitute its defining characteristics and challenge its progressive character. One of the promising ways of solving the identified problems is increasing and strengthening the role of criminological research in the development of criminal law policy.

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CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-3-155-163 ◽

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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AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

Bulletin of Udmurt University. Series Economics and Law ◽

10.35634/2412-9593-2019-29-5-681-685 ◽

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.

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ON THE LEGISLATIVE CONSTRUCTION OF TERRORIST CRIMES IN THE SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF ARTICLES 205–205.6 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

Juridical Journal of Samara University ◽

10.18287/2542-047x-2020-6-3-46-52 ◽

2020 ◽

Vol 6 (3) ◽

pp. 46-52

Author(s):

D. V. Golenko

Keyword(s):

Russian Federation ◽

Criminal Law ◽

Current Practice ◽

Criminal Code ◽

Point Of View ◽

Current Trends ◽

Special Part ◽

The Russian Federation

The article discusses current trends characteristic of the Russian criminal law and the practice of its application in the fi eld of combating terrorism. The acts provided for in Chapter 24 of the Criminal Code of the Russian Federation (Articles 205205.6 of the Criminal Code of the Russian Federation) are analyzed in detail from the point of view of the location of the legislative material, as well as the structures of the elements of the crimes. Special attention is paid to the structure of Articles 205205.6 of the Criminal Code of the Russian Federation (dispositions, sanctions, notes). The types of structures of terrorist crimes at the time of completion are considered. The article analyzes the current practice of applying this Articles of the Criminal Code of the Russian Federation, as well as offi cially published judicial statistics. The study allowed us to identify existing contradictions within the criminal law and formulate some recommendations for improving legislation in the field of combating terrorism.

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The goals of criminal punishment as a reflection of modern criminal policy

Penitentiary science ◽

10.46741/2686-9764-2020-14-3-324-330 ◽

2020 ◽

Vol 14 (3) ◽

pp. 324-330

Author(s):

V.V. Popov ◽

◽

S.M. Smolev ◽

Keyword(s):

Russian Federation ◽

Criminal Law ◽

Criminal Liability ◽

Criminal Policy ◽

Criminal Code ◽

Practical Implementation ◽

Criminal Punishment ◽

The Social ◽

The Russian Federation ◽

Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

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Criminal policy of Russia during a pandemic

SHS Web of Conferences ◽

10.1051/shsconf/202110802017 ◽

2021 ◽

Vol 108 ◽

pp. 02017

Author(s):

Aleksandr Viktorovich Pobedkin ◽

Andrey Petrovich Fil’chenko ◽

Tatyana Valentinovna Pinkevich ◽

Natalia Eduardovna Martynenko ◽

Vladimir Yurievich Zhandrov

Keyword(s):

Information And Communication Technologies ◽

Russian Federation ◽

Criminal Law ◽

Criminal Liability ◽

Criminal Policy ◽

Criminal Code ◽

Main Research ◽

Legal Response ◽

The Russian Federation ◽

Political Decisions

The consequence of the pandemic caused by COVID-19 was the introduction of social restrictions, which led to an increase in the number of users of social networks, as well as their activity on the Internet. The involvement of citizens in the digital environment has changed the targets of criminal efforts of the criminals. The public’s fear of the coronavirus was subjected to criminal exploitation, new forms and methods of theft appeared, as a result, the spectrum of crime shifted to the criminal use of information and communication technologies (hereinafter – ICT. The purpose of the study is to analyze the dynamics of the indicators of Russian crime during the pandemic, to assess the adopted criminal-political decisions in terms of adequacy to the changes in crime, to develop on this basis the proposals for criminal law improvement able to increase the consistency of the current Criminal Code of the Russian Federation and its compliance with the requirements of the criminal-political situation in Russia. The assessment of the sectoral structure consistency in the regulation of criminal liability for committing crimes in the special conditions of a pandemic was used as the main research method. The research was carried out by the authors based on the dialectical method, which made it possible to manage changes in social reality by means of legal response, other scientific methods: sociological, modeling, concrete historical, comparative were applied as well. The results obtained showed that overcoming the negative changes in crime requires adjusting the vector of criminal policy from liberalization towards tightening in relation to crimes committed using ICT. It is proposed to expand the list of aggravating circumstances, limit the use of some mechanisms for terminating criminal liability associated with exemption from it, and review the possibilities of applying conditional conviction to persons who have committed crimes in a pandemic, up to and including refusal of this form of implementation of criminal liability. The formulated new proposals for improving the General Part of the Criminal Code of the Russian Federation restore the consistency of the criminal law and increase the consistency of criminal-political decisions during a pandemic.

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Influence of the ideas of Ivan Yakovlevich Foynitsky on the formation of criminal responsibility for kidnapping in modern Russia

OOO Zhurnal Voprosy Istorii ◽

10.31166/voprosyistorii202012statyi68 ◽

2020 ◽

Vol 2020 (12-3) ◽

pp. 230-234

Author(s):

Natalia Martynenko ◽

Anatoly Maydykov

Keyword(s):

Russian Federation ◽

Criminal Law ◽

Criminal Responsibility ◽

Criminal Liability ◽

Criminal Code ◽

Modern Concept ◽

Russian Scientist ◽

Special Part ◽

The Russian Federation

The article analyzes the ideas of the Russian scientist in the field of criminal law Ivan Yakovlevich Foinitsky (1847-1913) on the establishment of criminal liability for kidnapping. The influence of I.Y. Foinitsky's ideas on the modern concept of criminal law protection of a person from abduction is shown. It is concluded that the norm on responsibility for the abduction of a person existing in the Criminal Code of the Russian Federation, its location in the structure of the norms of the Special Part, in many respects includes the provisions laid down by I.Y Foinitsky.

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On the compliance of the provisions of Article 185.4 of the Criminal Code of the Russian Federation with the laws of corporate governance

Current Issues of the State and Law ◽

10.20310/2587-9340-2020-4-16-503-514 ◽

2020 ◽

pp. 503-514

Author(s):

Nikolay Ryzhenkov

Keyword(s):

Corporate Governance ◽

Stock Market ◽

Russian Federation ◽

Criminal Law ◽

Criminal Code ◽

Systematic Analysis ◽

Judicial Practice ◽

The Russian Federation ◽

Design And Application

Raiding, along with corruption, has long been one of the most pressing problems for domestic business. For incomprehensible reasons, in contrast to the corruption crimes, which received due attention from the legislator and legal scholars, crimes committed in the stock market, after their reckless introduction, have been deprived of attention for almost a decade. At the same time, the most dangerous methods of raider seizures currently do not fall under criminal law prohibitions at all, and the existing prohibitions, in turn, have such a low legal potential that leaving this problem without atten-tion raises serious concerns. We consider the design and application of Article 185.4 of the Criminal Code of the Russian Federation – Obstruction or illegal restriction of the rights of securities holders, intended to become the “flagship” of anti-raiding legislation. Through a systematic analysis of the prescriptions of the criminal law and a few judicial practice, we identify the low quality of criminal law prohibitions included in Article 185.4 of the Criminal Code of the Russian Federation, we establish and substantiate the impossibility of causing damage in the required amount, we prove the lack of practical need for the relevant norm, we formulate a proposal for its exclusion from the text of the criminal law in full.

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PROPERTY-RESTORATION LINE IN DEPENALIZATION CRIMINAL POLICYOF THE RUSSIAN FEDERATION

Russian Family Doctor ◽

10.17816/rfd10706 ◽

2020 ◽

pp. 17-22

Author(s):

T. R. Sabitov

Keyword(s):

Russian Federation ◽

Criminal Law ◽

Personal Responsibility ◽

Criminal Liability ◽

Criminal Policy ◽

Criminal Code ◽

Monetary Compensation ◽

The Russian Federation ◽

Compensation For Damage

The article analyzes the latest trends in Russian criminal policy related to its property-restoration focus. The author aims to emphasize the fact that criminal policy in Russia has significantly changed in its quality. The new rules on exemption from criminal liability increasingly emphasize receiving monetary compensation as a condition for such exemption. The articles of the Criminal Code of the Russian Federation are analyzed: on liability for non-payment of wages, pensions, scholarships, allowances and other payments; on exemption from criminal liability in connection with compensation for damage; on exemption from criminal liability with a fine; on liability for tax and other crimes. Considering the new criminal law norms on exemption from criminal liability, the author comes to the conclusion that these norms are increasingly contrary to the principle of personal responsibility, since the legislator increasingly proceeds from the task of restoring property interests than from the criterion of the presence or absence of public danger.

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