scholarly journals Revisiting the Development of the Criminal Policy of the Russian Federation on Combating Crimes Against Public Morality in Sexual Relations

Legal Concept ◽  
2021 ◽  
pp. 161-170
Author(s):  
Ivan Arhiptsev ◽  
Sergey Chernyakov ◽  
Irina Mikhailova
Keyword(s):  
Russian Federation ◽  
Criminal Policy ◽  
Well Being ◽  
Criminal Code ◽  
Policy Framework ◽  
Maximum Efficiency ◽  
Sexual Relations ◽  
Public Morality ◽  
The Russian Federation ◽  
Criminal Legislation

Introduction: the criminal legislation plays an important role in the process of ensuring the normal spiritual and moral well-being of society. Chapter 25 of the Criminal Code of the Russian Federation of 1996 establishes the elements of crimes aimed at protecting public morals in the field of sexual relations. However, at present, the Russian Federation does not have a legally formulated criminal policy framework for countering crimes against public morality in the field of sexual relations, which makes it difficult to effectively counteract the analyzed category of crimes. The purpose of the research is to formulate the proposals on the content of the fundamentals of the criminal policy of the Russian Federation on countering crimes against public morality in the field of sexual relations. Methods: the methodological framework for the research is based on the general scientific methods of cognition. In order to ensure the objectivity of the research, the analyzed problem is revealed as a phenomenon using a systematic approach, which allows us to reveal its mechanism in such a way that the theoretical provisions are used with the maximum efficiency in practical activities. Results: the authors propose to develop and adopt at the legislative level the concept of the state’s criminal policy in the analyzed area, which would fix the goals, objectives, principles, as well as the main directions of the fight against crimes against public morality in the field of sexual relations in the short and medium term. Conclusions: the authors’ vision of the content of the future criminal policy of the Russian Federation on countering crimes against public morality in the field of sexual relations is proposed.

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 Liberalization and Humanization of Criminal Law Policy

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.

PARADOXES OF CRIMINAL POLICY AND LEGAL TECHNIQUE IN THE FIELD OF COUNTERING CRIMES ENCROACHING ON SEXUAL IMMUNITY AND SEXUAL FREEDOM OF THE PERSON

2020 ◽  
pp. 54-60
Author(s):  
Дмитрий Александрович Неганов ◽  
Кристина Александровна Насреддинова
Keyword(s):  
Cultural Values ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

В статье представлено авторское видение наиболее значимых парадоксов современной уголовной политики и юридической техники в сфере противодействия преступлениям, посягающим на половую неприкосновенность и половую свободу личности. Фактическое уничтожение сформированных ранее моральных и культурных ценностей привело к существенному снижению уровня нравственности в современном обществе. Это подтверждается ростом посягательств на выделенные нами объекты уголовно-правовой охраны. Реакция законодателя на происходящее повлекла за собой существенное, концептуальное видоизменение уголовного законодательства в этой области. Кардинально изменена уголовно-правовая концепция, ранее сформированная как в восемнадцатой, так и в двадцать пятой главах Уголовного кодекса России, что породило возникновение ряда существенных парадоксов во взятом для исследования секторе правового регулирования. К основным из них можно отнести коллизионность примечания к ст. 131 УК РФ, пробельность положений ст. 134 УК РФ в части ненаказуемости иных действий сексуальной направленности, проблемы в формировании санкционной политики, а также вопросы конкуренции смежных деяний. В статье не только предпринята попытка их демонстрации, но и представлены пути разрешения. The article presents the author's vision of the most significant paradoxes of modern criminal policy and legal technique in the field of combating crimes that infringe on sexual integrity and sexual freedom of the individual. The actual destruction of the previously formed moral and cultural values, entailed a significant decrease in the level of morality among the population of Russia. This is confirmed both by a significant increase in encroachments on the objects of criminal law protection that we have identified, and on public morality. The legislator's reaction to what is happening has led to a significant, conceptual modification of the criminal legislation in this area. The criminal law concept, previously formed both in the eighteenth and twenty-fifth chapters of the Criminal Code of Russia, has been radically changed, which has given rise to a number of significant paradoxes in the area taken for research. The main ones include the conflict of laws of the note to Art. 131 of the Criminal Code of the Russian Federation, the blankness of the provisions of Art. 134 of the Criminal Code of the Russian Federation with regard to the impunity of other sexual acts, problems in the formation of sanctions policy, as well as issues of competition of related acts. The article not only attempts to demonstrate them, but also ways to resolve them.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

Features of the legal consolidation of the concept of "insignificant act" in the criminal legislation of Mongolia

nauka.me ◽  
2021 ◽  
pp. 81
Author(s):  
Tatyana Lozovskaya
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
Criminal Legislation

The article examines the features of the legal regulation of the concept of "insignificant act" in accordance with the criminal legislation of Mongolia. According to the author, it is necessary to supplement the current Criminal Code of the Russian Federation with a provision that takes into account the danger of an individual when qualifying an act as insignificant to fill the identified gap in law.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

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.

scholarly journals ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Criminal Liability ◽  
Criminal Code ◽  
Military Vehicles ◽  
Judicial Practice ◽  
Observation Methods ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

scholarly journals The value of subjective signs in the qualification of an illegal formation of an organization through a dummy: proposals for improving legislation

2020 ◽  
pp. 185-189
Author(s):  
Ekaterina Karpova
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Legislative Proposals ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Normative Content

The article examines the compliance of the structure and the normative content of the corpus delicti under art. 1731 of the Criminal code of the Russian Federation, the principle of subjective imputation. The possibility of a deeper differentiation of responsibility based on the delimitation of the direction of the guilty person’s intent is investigated. Legislative proposals for improving the criminal legislation in this area have been formulated.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

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