scholarly journals Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

2019 ◽  
Vol 13 (4) ◽  
pp. 651-660
Author(s):  
Natalya Artebyakina ◽  
Tatyana Makarova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Local Governance ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
False Information ◽  
Justices Of The Peace ◽  
The Russian Federation

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

scholarly journals Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals Problems of proving guilt in criminal cases in connection with tax evasion

2019 ◽  
pp. 170-176
Author(s):  
V. V. Dubrovin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Code ◽  
Control Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The establishment of an intentional form of guilt and its specific type is mandatory for the implementation of the provisions of Art. 8 of the Criminal Code. In criminal proceedings in connection with tax evasion, a direct intent should be established in the act of the accused, otherwise the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 28, 2006 No. 64 “On the practice of criminal law on liability for tax offenses”. One of the proofs of direct intent in the act of the accused may be the decision of the tax authority to prosecute for the tax offense, made according to the results of tax control measures (in-house or on-site tax audits). In the event that it establishes an imprudent form of the taxpayer’s guilt in committing a tax offense, in proving the guilt of the accused in the course of criminal proceedings there may be an intractable contradiction.

scholarly journals Investigator’s covert-nature procedural activities

2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Cases ◽  
Criminal Intelligence ◽  
The Russian Federation

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

scholarly journals Legal Analysis of Fraud in the Banking Sphere

2021 ◽  
Vol 2 ◽  
pp. 80-85
Author(s):  
L.A. Petryakova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Banking Sector ◽  
Theoretical Calculations ◽  
General Rule ◽  
Criminal Code ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Objective Side

Based on the analysis of the more frequent cases of committing fraud in the banking sector, the features of the criminal-legal characteristics of the offenses provided for by Art. 159.1 and 159.3 of the Criminal Code of the Russian Federation. It was established that Articles 159.1 and 159.3 of the Criminal Code of the Russian Federation by virtue of Part 3 of Art. 17 of the Criminal Code of the Russian Federation are special in relation to the general rule providing for liability for fraud in general, and therefore they most fully disclose by the legislator the specific and characteristic features of social relations in the banking sector, which are subject to criminal law protection. Attention is focused on those signs, the definition of which is more difficult in law enforcement. Particular attention is paid to the analysis of the direct object of fraud in the banking sector, the disclosure of the content of its objective side, including the method of committing the crime. The subjective signs of fraud in the banking sector are considered. Practical examples of bringing the perpetrators to justice for banking fraud are demonstrated. Based on the results of the study, the author of the work comes to the conclusion that it is necessary to improve legislation in this area, to strengthen the explanatory and law enforcement activities of the relevant subjects of legal relations. In addition, the analysis of judicial practice given by the author in the study emphasizes its controversial nature. In other words, the author supports the theoretical calculations with an analysis of practical features.

scholarly journals Legislator’s error: types, reasons, ways of correction

2019 ◽  
pp. 95-103 ◽  
Author(s):  
A. I. Rarog
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Political System ◽  
Criminal Code ◽  
Structural Elements ◽  
Criminal Cases ◽  
Special Part ◽  
General Part ◽  
The Russian Federation ◽  
Made In

The paper raises the question of the inevitability not only of judicial (in specific criminal cases) errors, but also of law enforcement errors (the practice of incorrect application of the criminal law established spontaneously or at the direction of higher judicial authorities), as well as legislative errors of political, system or technical nature. Considering the specific law-making mistakes made in the norms of the General Part and in each of the structural elements of many of the norms of the Special Part of the Criminal Code of the Russian Federation, the author notes the appreciable work of the legislator to eliminate errors with satisfaction. At the same time, the paper provides specific examples of errors that are repeatedly noted in the special literature, still yet to be corrected, and suggests ways to correct them, in particular, amending the Regulations of the State Duma of the Federal Assembly of the Russian Federation regarding the procedure for discussing bills.

scholarly journals FORENSIC THINKING OF AN INVESTIGATOR AS AN INTELLECTUAL FACTOR OF EFFICIENCY WHEN CARRYING OUT AN INSPECTION OF THE PLACE OF EVENT

2021 ◽  
Vol 6(72) (3) ◽  
pp. 234-239
Author(s):  
D. A. Safonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Technical Progress ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Financial Cost ◽  
Subjective Approach ◽  
The Russian Federation ◽  
Inspection Of The Scene

The fight against crime in modern conditions of technical progress, requires from law-enforcement bodies of the Russian Federation not only considerable financial cost, physical and moral strength of the officials, carrying out disclosure and investigation of crimes, but also the tremendous intellectual scope of work to ensure the planning and organization of investigation of criminal cases. As shows the analysis of the investigative practice, in most cases, non-obvious crimes are difficult to investigate, the investigator here is experiencing not only a lack of guidance and evidential information about facts and results of an event, but also prone to superficial conclusions and stereotyped (typical) thinking. All this affects the quality and efficiency of the solution of tasks of criminal proceedings. The article attempts to consider the theoretical and methodological foundations of the intellectual support of the investigation of crimes. The author, based on existing scientific works and research by scientists in this field, offers a subjective approach to the concept, meaning and system of forensic thinking in the investigation of criminal cases. Particular attention is paid to the complex of elements that make up the forensic thinking system. The values and functions of the elements of the forensic thinking system are revealed, the particular tasks of each element are considered based on the informational conditions of the investigation. The article also highlights, according to the author, the key elements of the application of forensic thinking during the production of the inspection of the scene.

THE USE OF DIGITAL TECHNOLOGY IN THE INTERROGATION OF WITNESSES IN THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS (COMPARATIVE LEGAL ANALYSIS OF THE RUSSIAN FEDERATION LEGISLATION AND LAWS OF SOME FOREIGN COUNTRIES)

2019 ◽  
pp. 125-136
Author(s):  
E. K. Antonovich
Keyword(s):  
Russian Federation ◽  
Digital Technology ◽  
Point Of View ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Witness Testimony ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Russian Federation

The testimony of witnesses represents the type of evidence, without which practically no criminal case can do. It is the significance of this type of evidence that determines the legislative requirements for the regulation of preparation and the procedure for the interrogation of a witness, as well as for the recording of evidence. This is of particular importance both from the standpoint of ensuring the admissibility and reliability of evidence, as well as from the point of view of ensuring the rights and legitimate interests of persons involved in criminal proceedings. The national legislation of modern states creates its own standards for the use of witness testimony in proving criminal cases. With all the variety of approaches, the importance of information technology in the collection, testing and evaluation of witness testimony can be viewed in the following main areas: as a means of fixing an investigative action, as a way of establishing the actual circumstances relevant to the case, as a means of ensuring the production of an investigative action, and as a means of transmitting information. Based on the analysis of the criminal procedure legislation of the Russian Federation and some foreign countries, the paper examines the problems of legislative regulation of the use of digital technologies during the interrogation of witnesses, including remote interrogation and deposition of witness testimony. Special attention is given to distant interrogation at the request of foreign countries.

scholarly journals Initiation of Criminal Proceedings against a Particular Person as the Ground for Recognizing him as a Suspect (para 1, part 1, art. 46 of the Criminal Procedure Code of the Russian Federation)

Lex Russica ◽  
2021 ◽  
pp. 71-78
Author(s):  
I. V. Smolkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Status ◽  
Legitimate Interests ◽  
The Russian Federation

The paper is devoted to the analysis of a new ground for recognition of a person as a suspect, introduced under the Code of Criminal Procedure of the Russian Federation, namely, the initiation of a criminal case against the person. The ground under consideration has caused controversial debates among criminal process scholars. The author has carried out a retrospective analysis of the legislative regulation of this ground for giving a person the status of the suspect. The paper evaluates various doctrinal approaches to its merits and disadvantages. The author also demonstartes the need for the new ground for recognition of a person as the suspect in law enforcement on the basis of statistical data, according to which more than half of criminal cases in Russia are initiated against a particular person. The study at question reveals an interconnection between initiation of proceedings upon commission of a crime and a particular person. The conclusion is substantiated that the recognition of a person as a suspect in case of initiation of criminal proceedings against him is aimed at ensuring his right to protection from criminal prosecution. However, the issuance of the order to initiate criminal proceedings against a particular person entails the possibility of implementation of coercive criminal procedural measures against him. It is shown that suspicion forms the substantive basis of recognition of a person as the suspect. The author criticises the approach according to which the issuance of the order to initiate criminal proceedings against a particular person forms an allegation that he has committed an act prohibited under the criminal law. Under this approach the assumption is made that can later be either proven or refuted in the course of further investigation. The author criticises the practice of dividing criminal cases into a judicial perspective and lacking such a perspective, which entails violations of the rights and legitimate interests of individuals suspected in committing crimes.

STRENGTHENING LEGALITY IN THE LAW ENFORCEMENT AGENCIES FUNCTIONING AT THE STAGE OF INSTITUTING CRIMINAL PROCEEDINGS AS A MEANS OF PROTECTING THE RIGHTS OF CITIZENS

2021 ◽  
pp. 60-65
Author(s):  
Ramil T. Rafikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Drug Crime ◽  
The Russian Federation ◽  
The Law ◽  
The One

In the article the author examines the issues related to the improvement of legislation in the functioning of law enforcement agencies, in particular that on their counteraction to organized drug crime. We are talking about the amendment to Article 146 of the Criminal Procedure Code of the Russian Federation, according to which criminal proceedings on crimes under Articles 228.1 and 228.4 of the Criminal Code of the Russian Federation on the fact of illegal drugs dealing cannot be initiated in the absence of data on the type, weight and name of drugs, as well as sufficient evidence indicating their transfer to other persons. The law-in-draft is aimed, on the one hand, at protecting citizens, on the other – at increasing the exactingness to law enforcement agencies at the initial stage of criminal – proceedings related to drug crime. The grounds for instituting a criminal proceeding for illegal drug dealing should be the facts of drug transfer to another person, as well as an expert opinion determining their mass, type and name.

scholarly journals Delimitation of frauds in the sphere of crediting (Article 1591 of the Criminal Code of the Russian Federation) from illegal credit receiving (Article 176 of the Criminal Code of the Russian Federation)

2019 ◽  
Vol 2019 (2) ◽  
pp. 124-130
Author(s):  
Екатерина Алёшина-Алексеева ◽  
Ekaterina Aleshina-Alexeeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Crime ◽  
Legal Analysis ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Enforcement Activity

The main criteria of differentiation of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation are considered in the article. The scientific and theoretical relevance of the subject is covered in the literature. In the present article the author delimited, in her opinion, illegal credit receiving from fraud in the sphere of crediting. The research objective is to formulate specific proposals concerning the solution of the problems of qualification of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation connected with their differentiation. The research methods used are: the analysis of theoretical literature and judicial and investigative practice, the comparative and legal analysis (features of the criminal liability regulation according to Article 159.1 of the Criminal Code of the Russian Federation and 176 of the Criminal Code of the Russian Federation), monitoring of the printed and electronic media material. The author focuses attention that fraud in the sphere of crediting cannot be considered as an economic crime in the sphere of crediting based on the revealed signs. Elimination of the qualification problems is suggested by means of adopting the resolution of the Plenum of the Supreme Court of the Russian Federation which will contain the main explanations on the studied criminal actions. The practical value of the work consists in the possibility of its use in a law-enforcement activity in qualification of the crimes provided by Articles 159.1 and 176 of the Criminal Code of the Russian Federation and besides, while teaching of the Criminal Law.

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