scholarly journals MEDICAL CRIMES AND MEDICAL ERRORS: LIMITS OF DELINEATION

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 61-64
Author(s):  
V.Yu. Golubovsky ◽  
◽  
E.V. Kunz ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Medical Errors ◽  
Criminal Liability ◽  
Population Based ◽  
Criminal Code ◽  
Criminal Punishment ◽  
The Russian Federation

The article discusses issues related to the criminal liability of medical workers, which are a type of socially dangerous acts that entail the application of criminal punishment to the guilty person in accordance with the norms of the Criminal Code of the Russian Federation. Responsibility for this crime is provided for by various norms of the Criminal Code of the Russian Federation, which, in turn, poses a threat to entire groups of public relations, the security of the country and its population. Based on the results of the analysis, conclusions and proposals are formulated.

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

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.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

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

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.

scholarly journals Criminal Misconduct: An Objective Need or a Declared Necessity?

2021 ◽  
Vol 16 (11) ◽  
pp. 142-154
Author(s):  
N. Yu. Skripchenko ◽  
S. V. Anoshchenkova
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Business Community ◽  
Substantive Content ◽  
The Supreme Court ◽  
The Russian Federation

The actively defended idea of the Supreme Court of the Russian Federation on the inclusion of an offencse  of criminal misconduct in the criminal legislation was reflected in the revised draft federal law submitted to the  Parliament on October 13, 2020. The purpose of the study is to determine the key changes in the content of the  institutions of criminal misconduct and other measures of a criminal law nature proposed for consolidation in the  Criminal Code of the Russian Federation, to assess the objective need of the reforms initiated by the Supreme  Court of the Russian Federation. The methodological basis is a set of methods of scientific knowledge. General  scientific (analysis and synthesis, dialectics) and specific scientific research methods (system structural, formal legal)  were used. A comparative analysis of draft laws allows us to classify the substantive content of acts constituting a  criminal misconduct as key changes and the modification of other measures of a criminal legal nature. The authors  critically assess the idea underlying the classification of acts as criminal misconduct. By laying in the criteria for  the isolation of acts that are minimal in terms of the degree of danger, not legally significant elements of corpus  delicti, but the types and amount of punishments, the lack of criminal experience, the interests of the business  community, the developers of the draft law violate the system of law, since the proposed approach excludes the  assessment of the public danger of the act based on the significance of the protected by the criminal the law of  public relations. The meaning of the differentiation of criminal liability declared by the initiator of the reforms is  lost with the proposed duplication of other measures applied both to persons who have committed a criminal  misconduct and to those guilty of committing crimes of small or medium gravity, and the proposed conditional  nature of other measures levels the idea of liberalizing the criminal law. The paper focuses on the provisions of  the project that require revision and additional comprehension.

PUNISHING AUTONOMOUS ROBOTS: CRIMINAL LAW PERSPECTIVES

2021 ◽  
Vol 17 (3) ◽  
pp. 303-313
Author(s):  
ILDAR BEGISHEV ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Autonomous Robots ◽  
Criminal Liability ◽  
Optimal Solution ◽  
Digital Technologies ◽  
Criminal Code ◽  
Potential Possibility ◽  
The Russian Federation

The purpose of the research. To develop and propose to the legislator a model of the criminal-legal reaction of the state to the potential possibility of harming public relations, values and interests protected by law in the process of functioning of autonomous robots. In this article, for the first time in the theory of domestic criminal law, an attempt is made to comprehensively state the problem of determining the boundaries of responsibility for causing harm to interests protected by criminal law in the process of functioning of autonomous robots, and the optimal solution to this problem is proposed. Results. The variability of the legal relationship between the behavior of a subject capable of being subject to criminal liability and the fact of causing harm in the course of functioning of an autonomous robot allowed us to develop a specific theoretical model for the application of criminal measures against autonomous robots for harm caused in the course of their functioning. Pursuing the goal of the most complete and comprehensive solution of the tasks of the Criminal Code of the Russian Federation, adapting existing criminal law norms to the trends of dynamically progressing digital technologies, we find it possible in the foreseeable future, when the technological singularity is reached and autonomous robots appear, to propose to the legislator to supplement the General Part of the Criminal Code of the Russian Federation with a new chapter «Criminal law measures applied to autonomous robots», which gives criminal legislation a new impetus in the light of the development of end-to-end digital technologies.

scholarly journals Criminal Liability for Violation of the Rules of Creation, Operation, Repair or Other Interaction with Robots and Autonomous Robots

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Ildar Begishev
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Autonomous Robots ◽  
Criminal Liability ◽  
Criminal Code ◽  
Computer Equipment ◽  
The Russian Federation ◽  
Key Drivers

Currently, robotics, along with other end-to-end technologies, is one of the key drivers of the digital economy. Robots are already successfully used in industry, agriculture, construction, aviation, and many other sectors of economic activity. Robots, due to their inherent properties, can not only store, process, and transmit information, but also perform certain mechanical actions, in accordance with the algorithms of their computer programs. The models of criminal law regulation that have been developed and are applied to the operators of computer equipment can not be fully adapted to the regulation of robots and are not fully relevant for the purposes of protecting public relations that develop in connection with their functioning. Robots, depending on their tactical and technical characteristics, can be a source of various threats, some of which create a danger of harming interests protected by criminal law and, under unfavorable circumstances, can realize this danger. Therefore, activities related to the development, operation and repair of robots must be consistent with the criminal law norms of a prohibitive nature. To ensure the safe and uninterrupted creation, operation, repair or other interaction with robots and autonomous robots, as well as to prevent harm in the course of the functioning of such robots, it is possible to propose to the legislator to supplement the Criminal Code of the Russian Federation with a separate norm on liability for violation of the rules of creation, operation, repair or other interaction with such robots.

scholarly journals CRIMINAL RESPONSIBILITY FOR GIVING FALSE EXPERT CONCLUSIONS IN THE FIELD OF PURCHASING GOODS, WORKS, SERVICES

2020 ◽  
Vol 30 (1) ◽  
pp. 84-90
Author(s):  
V.E. Zvarygin ◽  
D.S. Nazarova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Public Procurement ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Criminal Code ◽  
The Russian Federation ◽  
Illegal Activities

Illegal activities in the field of procurement of goods, works and services pose a threat not only to economic, but also to national security. The solution to this situation is possible only with an integrated approach, consisting not only in improving the efficiency of the regulatory authorities, but also in optimizing the current legislation. Article 107 of the Federal Law dated 05.04.2013 “On the contract system in the field of procurement of goods, work, services for the provision of state and municipal needs” provides the criminal liability of persons guilty of violating the laws of the Russian Federation and other regulatory legal acts on contract system in the field of procurement. However, until recently, the onset of criminal liability remained only “on paper”. The turning point in the criminal law regulation of relations in the field of public procurement was the year 2018, when federal laws were adopted that introduced amendments to the Criminal Code of the Russian Federation by criminalizing illegal acts in this sphere of public relations. One of the controversial articles by the structure of the criminal law elements is Article 200.6 of the Criminal Code of the Russian Federation, which established criminal liability for giving a knowingly false expert opinion in the field of procurement of goods, works and services.

The Main Directions of Optimization of Criminal Liability in the Field of Protection of Internal Affairs Officers

2021 ◽  
pp. 88-93
Author(s):  
E. I. Kiryushkina
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Public ◽  
The Russian Federation ◽  
Internal Affairs

The article deals with the most complex and important issues in demand in practice, related to the improvement of the design of art. art. 317-319 of the Criminal Code of the Russian Federation. It is stated that the current legislation in the considered sphere of the public relations needs further improvement. Author's suggestions for improvement of the existing penal legislation are made.

Judicial penalty as an element of “quasi-criminal law”

2020 ◽  
pp. 34-42
Author(s):  
Олег Вячеславович Дорошенко
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Criminal Penalty ◽  
Physical Suffering ◽  
Legal Nature ◽  
The Russian Federation

В статье рассматриваются проблемные аспекты судебного штрафа. Делается вывод, что, поскольку судебный штраф по своей правовой природе является иной мерой уголовно-правового характера, поэтому он должен быть справедливым (ст. 6 УК РФ), не может иметь своей целью причинение физических страданий и унижение человеческого достоинства (ст. 7 УК РФ). Судебный штраф схож с уголовным наказанием, поскольку лицо, совершившее преступление и освобожденное от уголовной ответственности с назначением судебного штрафа, испытывает страдания, схожие со страданиями лица, к которому применено уголовное наказание, однако в меньших размерах. Проводится сравнительный анализ штрафа как уголовного наказания и судебного штрафа. Делается вывод, что в некоторых случаях судебный штраф является более строгой мерой, нежели штраф как уголовное наказание. Анализируется статистика назначения судебного штрафа. Автор приходит к выводу, что при назначении судебного штрафа должно учитываться мнение потерпевшего (при его наличии). The article discusses the problematic aspects of the court fine. It is concluded that a judicial fine by its legal nature is a different measure of a criminal-law nature, since it is established for committing crimes (Art. 2 of the Criminal Code of the Russian Federation), it must be fair (Art. 6 of the Criminal Code of the Russian Federation), and it cannot aim at causing physical suffering and humiliation of human dignity (Art. 7 of the Criminal Code of the Russian Federation). The court fine is similar to criminal punishment, since the person who committed the crime and who is exempted from criminal liability with the imposition of a judicial fine suffers similar suffering to the person to whom the criminal penalty was applied, but to a lesser extent. A comparative analysis of the fine as a criminal punishment and the judicial fine is carried out. It is concluded that in some cases, a judicial fine is a more severe measure than a fine as a criminal punishment. The statistics of the appointment of a fine are provided. The author concludes that when imposing a fine, the opinion of the victim (if any) should be taken into account.

scholarly journals Security of digital technologies in the criminal legislation of the Russian Federation

2019 ◽  
pp. 161-165
Author(s):  
Tat'yana V. Pinkevich ◽  
Andrey V. Nesterenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Liability ◽  
Digital Technologies ◽  
Criminal Code ◽  
Digital Information ◽  
Digital Environment ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problematic issues related to the security of digital technologies in the Russian Federation, as well as the differentiation of the concepts of "computer", "information" and "digital" technologies. The authors come to the conclusion that computer and information security do not provide adequate protection of the digital environment in Russia, which requires serious study of the criminological risks of the introduction of digital technologies and amendments to a number of regulations, including Chapter 28 of the criminal code, both in terms of its name, and in the introduction of a number of new offences providing for criminal liability for unlawful acts that infringe on public relations in the field of security of digital information, technologies, systems and devices.

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