scholarly journals Interaction Between Civil Law and Criminal Law in the Protection of the Rights of Theft and Fraud Victims

2018 ◽  
Vol 12 (4) ◽  
pp. 572-582
Author(s):  
Liudmila Vasilevskaya ◽  
Ekaterina Poduzova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Civil Law ◽  
The Supreme Court ◽  
Single Sphere ◽  
The Russian Federation ◽  
Ambiguous Position ◽  
Court Practice

One of the trends in contemporary law is the interaction between its branches because an offense infringes upon a number of rights and interests of the victim that cannot be reduced to a single sphere of legally regulated relationships. This trend is reflected, specifically, in the interaction between civil and criminal law, which has attracted the attention of well-known Russian legal scholars many times. The trend is also observed in court practice, for example, in the Decree of the Plenary Session of the Supreme Court of the Russian Federation «On Court Practice Re. Cases of Fraud, Misappropriation and Embezzlement» of November 30, 2017, No 48. It is also manifested in the use of civil law categories and criteria for the general and specific components of crimes like theft (Art. 158 of CC of the RF) and fraud (Art. 159-159.6 of the CC of the RF), as well as in the use of vindication and compensation of losses to protect the rights of victims of such crimes. Civil law defense of the rights of victims of theft and fraud (the use of such methods of protection as vindication and compensation of losses) encounters the ambiguous position of courts because the doctrine incorporates disputable and unsettled issues regarding the methods of protecting rights. This paper analyzes such problems and presents some ways of solving them. Overcoming the theoretical and practical problems of interaction between civil and criminal law is of vital importance because it is a vital precondition for the efficient functioning of the law enforcement system as a whole when implementing various forms and methods of protecting the rights of people.

qualification of crimes

2021 ◽  
Author(s):  
Vladislav Antonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Students ◽  
Practical Application ◽  
The Supreme Court ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Methodological Aspects

The textbook examines the theoretical aspects of the qualification of crimes, highlights the problems of practical application of the norms and institutions of criminal legislation. The paper analyzes the concepts and categories of criminal law, reveals the organizational and methodological aspects of the legal assessment of criminal encroachments. When preparing the manual, materials of judicial and investigative practice, guiding explanations of the Plenum of the Supreme Court of the USSR, the Russian Federation were used. The manual is addressed to law enforcement officials, lawyers, investigators, law students and anyone interested in the qualification of crimes.

scholarly journals PROBLEMS OF CRIMINAL LAW ASSESSMENT OF THE ABUSE OF CONSUMER RIGHTS

2020 ◽  
Vol 30 (5) ◽  
pp. 753-762
Author(s):  
V.V. Rovneiko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Opposite Effect ◽  
Civil Law ◽  
Poor Quality ◽  
Consumer Rights ◽  
The Supreme Court ◽  
Type Of Abuse ◽  
The Russian Federation ◽  
Weak Side

The legislation and practice of its application are based on the priority of protecting the rights of the consumer, which is known to everyone: "The client is always right". Assigning the weak side status to the consumer (buyer) has the opposite effect. The buyer gets a significantly larger amount of rights. Unscrupulous consumers began to derive property benefits from this situation, abusing the preferences granted to them: they are increasingly declaring purchased goods to be of poor quality, refusing to settle disputes with retailers and manufacturers peacefully, and suing them. The phenomenon is called "consumer extremism". Consumer extremism is not only a civil law phenomenon (a type of abuse of rights), it also has signs of criminal fraud. It is necessary to make additions to the current resolution of the Plenum of the Supreme Court of the Russian Federation so that general explanations can be fully applicable to cases of consumer extremism.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals Тhe institute of confiscation of property in Russian criminal law. Lessons of combating proceeds of crime in the assessment of the Supreme Сourt of the Russian Federation

2018 ◽  
pp. 22-30
Author(s):  
Yu. K. Krasnov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Legal Framework ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Practice ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. May and June 2018 saw intensi­fied discussions in Russia around the issue of confis­cation of property obtained by criminal means. These discussions arose after several initiatives of legisla­tors who advocated the strengthening of the role of this institution of criminal law in the legal practice in Russia and after the Supreme Court of the Rus­sian Federation summarized the experience of the use of confiscation in the practice of Russian courts and formulated some recommendations for the courts in the decision of the plenary session of June the 14th .  Materials and methods. The article uses a number of research methods and techniques to ana­lyze the problem such as analysis that allows isolat­ing the trends in the development of the institution of confiscation; comparison which allows evaluating homogeneous processes at different stages of the in­stitute of confiscation of property acquired by crimi­nal means, and generalization which is necessary to summarize the results of the research.  Research results. The use of the institution of confiscation of property obtained by criminal means in the legal practice of Russia has passed several stages. The modern stage began after the institution was restored in the criminal code of the Russian Fed­eration by the Federal law of July 27, 2006 № 153FZ and section VI of the Criminal Code was supple­mented by Chapter 15.1 “Confiscation of property”. This Chapter contains the legislative definition of the confiscation of property (article 104.1 of the Crimi­nal Code) and an indication of the subject of confis­cation, its types and conditions.  Based on the decisions of the plenums of the Su­preme Court of the Russian Federation the article analyzes the practice of this institution in the activi­ties of Russian courts. 12 years of experience in the application of Chapter 15.1 of the Criminal Code, showed that, despite the repeated explanations of the Supreme Court, which dealt with individual crimes, some of the controversial issues remained unre­solved. In this regard the Plenum of the Supreme Court introduced a number of proposals to improve the legal framework of this institution in the draft Resolution.  On June 14th , 2018 the next plenary Session of the Supreme Court of the Russian Federation ad­opted a new detailed resolution on the practice of application of Chapter 15.1 of the Criminal Code and proposed detailed recommendations to improve the application of the institution of confiscation of property obtained by criminal means in the Russian Federation, which are considered and commented on in the article.  Discussion and conclusion. Legal literature discussed the innovations in the Russian legislation related to the institution of confiscation of property obtained by criminal means caused in a very active mode. The views of the authors of articles on this is­sue can be divided into two parts with each havinga lot of supporters. According to the first of them the new place of confiscation of property among the mea­sures of criminal law is justified.  Supporters of the opposite point of view sup­port the exclusion confiscation of property from the system of measures of criminal law as they believe that the legal nature of the confiscation of property belongs to a form of criminal punishment. This is the opinion of the judges. Two-thirds of the judges believe that the confiscation of property should be considered as an additional form of punishment.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals Court’s modification of category of gravity of the committed offence and implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation: problems of theory, legislative regulation, and law enforcement

2021 ◽  
pp. 59-84
Author(s):  
Kirill Igorevich Nagornov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Closed Type ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Scientific Doctrine

Leaning on the analysis of the provisions of current legislation, clarification of the supreme judicial authority, scientific doctrine, case law materials and statistics, this article explores the implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation, after court’s modification of the category of gravity of the committed offence in accordance with the Part 6 of the Article 15 of the Criminal Code of the Russian Federation. The goal of this research lies in assessment from the perspective of the theory of criminal law of such specific procedure for implementation of disciplinary compulsory measures and herding to closed-type special institution, as well as identification of possible flaws and contradictions that may cause problems and ambiguous decisions in law enforcement practice. Attention is given to the existing contradictions between the provisions of criminal law and criminal procedure law, explanations of the Plenum of the Supreme Court of the Russian Federation, as well as legislative gaps and problems emerging in law enforcement practice in the context of provision set by the Article 92 of the Criminal Code of the Russian Federation in accordance with the Part 6 of Article 15 of the Criminal Code of the Russian Federation. Taking into account the sequence, grounds and conditions established by the legislator in the Part 6 of the Article 15 of the Criminal Code of the Russian Federation for the use of the latter, the conclusion is made on impossibility to apply compulsory educational measures in line with this norm. The article also substantiates the position infeasibility of preliminary imposition of penalty (de lege ferenda) on release of such with implementation of compulsory measures set by Part 1 and 2 of the Article 92 of the Criminal Code of the Russian Federation. The author also offers to supplement and rectify certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of May 15, 2018.

Some Questions of Parole in the Criminal Law of the Russian Federation

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 337-350
Author(s):  
Ildar A Tarhanov ◽  
Ramil R. Gayfutdinov ◽  
Karimov M. Karimov ◽  
Ilnur A. Muzafarov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
The Social ◽  
The Supreme Court ◽  
Standard Text ◽  
The Russian Federation ◽  
Points Of View

The article examined fundamental issues of parole in the criminal law of the Russian Federation and, at the same time, aspects of the negative deloscope impact on the identity of the inso, from various points of view on the "social elevators" programme. All these social problems cause a low level of voluntary softening of the damage caused to the victim. During the analysis, we found that the legislature did not formulate well the model that it behaves encouraging to compensate for the damage caused, as set out in the standard text. An indication of the possibility of using incentives in the event of damages the possibility of an ambiguous interpretation of the standard text, leading to difficulties in law enforcement. In the conclusions, we express our position on the need for legal regulation other than this issue. Particular attention was paid to the victim's role in determining the amount of damage. The input of the article focused on discussing various approaches to this issue and establishing the need to clarify the criminal legal status of the victim at the level of the plenary session of the Supreme Court of the Russian Federation.

scholarly journals Problems of Legal Certainty and Judicial Discretion when Applying Legal Provisions on Abuse of Right

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 46-50
Author(s):  
Egor Y. Usoltsev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Judicial Discretion ◽  
Legal Certainty ◽  
Research Attention ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

This article is devoted simultaneously to several problems of civil law: abuse of right, judicial discretion, legal strength and certainty, each of them deserves separate research attention. At the same time, the author considers them together, since the concept of abuse of right is evaluative, and, as it is known, such concepts always pose a danger to legal certainty, since they do not contain all the features of the phenomena described by them, so their application is possible only within the framework of broad judicial discretion. And here one of the most difficult questions of jurisprudence appears: what are the limits of such discretion, the decision of which largely depends on the correctness of the courts’ qualification of the subject’s actions as malicious law enforcement. At first glance, it turns out to be a vicious circle! However, the author comes to an unexpected conclusion that the activity of the Supreme court of the Russian Federation, whose decisions often play the role of judicial precedents, regulates the process of applying the rules on abuse of right and thereby provides legal certainty.

scholarly journals THE CONCEPT OF ACCOUNTS PAYABLE IN THE COMPOSITION OF CRIMES IN THE SPHERE OF ECONOMIC ACTIVIT

2020 ◽  
pp. 17-20
Author(s):  
A.G. Maksimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Civil Law ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Accounts Payable ◽  
The Russian Federation ◽  
Law Regulation

The norms of Chapter 22 of the Criminal Code of the Russian Federation are in the overwhelmingmajority of a blanket nature. Blanketness implies the need to appeal to other, in addition to criminal,branches of law to establish the content of a criminal law prohibition. However, the criminal law containsdefinitions that are not defined not only in the normative acts of various branches of law, but also in thelegal doctrine. Of course, such a situation significantly complicates the process of understanding the true content of the criminal law norm, as a result, can lead to significant errors in law enforcement. One ofthese definitions is “accounts payable”. The term itself is directly mentioned in the disposition of one normof the criminal law — Art. 177 (malicious evasion from paying off accounts payable). However, the term“accounts payable” must be established when qualifying a number of other acts, for example, such as unlawfulactions in bankruptcy, deliberate bankruptcy, fraud associated with deliberate failure to fulfill contractualobligations (parts 4 and 5 of article 159 of the Criminal Code of the Russian Federation). In this article,the author, on the basis of a comprehensive analysis of the economic content, civil law regulation and thespecifics of criminal law application, proposes his own approach to establishing the content of the conceptof “accounts payable”, which can be useful both in developing a model of effective criminal law protectionof economic activity, and and in the process of law enforcement.

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