scholarly journals The Values of Large (Particularly Large) Amounts of Income, Damage, Indebtedness for Economic Crimes

2021 ◽  
Vol 15 (2) ◽  
pp. 220-228
Author(s):  
Natalia Lopashenko
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Economic Behavior ◽  
Rational Approach ◽  
Negative Consequences ◽  
Wide Range ◽  
The Difference ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

When formulating the objective side of economic crimes, the lawmakers often use such a result of deviant economic behavior as material damage, which could be large or particularly large; they also characterize the offence through the scale of actions or the amount of criminally acquired income (avoidance of losses) — its large (particularly large) amount. In general, this is a rational approach since the crimes are committed in the economic sphere, so their consequences and other features could and should be expressed through economic indicators. The problem for crimes under Chapter 22 of the Criminal Code of the Russian Federation consists in the fact that the number of legally defined variations in the understanding of large and particularly large amounts is constantly increasing and the difference between their minimum and the maximum levels is steadily growing. The article contains a detailed analysis of the contemporary condition of the problem of criteria for defining a large (particularly large) amount of income, damage, etc. for economic crimes. The author notes that there are 18 different variants for understanding a large amount of damage, income, or debt, and in 14 cases this large amount acts as the only indication of crime, i.e. the feature that makes it possible to criminalize the action. The same analysis is applied to the concept of a particularly large amount; Chapter 22 of the CC of the RF contains 12 variants of it. Such a wide range of values results in a number of negative consequences: the borders of criminalization for similar actions are defined differently, the limits of punishments included for them in the sanctions are established differently, different conditions for applying the norms of exemption from criminal liability for economic crimes are formed. The author analyses various ideas on changing approaches to defining the concepts of large (particularly large) amounts of income, damage, debt, and shows how these drawbacks in criminal legislation could be eliminated.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

Perpetrators of corporate crimes in commercial organizations in Italy and Russia

2020 ◽  
Vol 28 (1) ◽  
pp. 120-130
Author(s):  
Georgy Rusanov
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Content Type ◽  
The Russian Federation ◽  
Commercial Organizations ◽  
Criminal Legislation ◽  
Economic Crimes ◽  
Official Status ◽  
Italian Legislation

Purpose The purpose of this paper is dedicated to the features of subjects of official crimes in commercial organizations in accordance with the laws of Italy and Russia. Design/methodology/approach Based on the study of Russian and Italian legislation, it was revealed that the Italian criminal law provides for a more extensive system of the criminal law provisions on liability for corporate economic crimes. Findings These norms are in various normative legal acts (civil legislation, separate legislative acts). In the Russian criminal legislation, the norms in the sphere of corporate crimes in the sphere of economy are systematized and are located in a separate chapter of the Criminal Code of the Russian Federation. At the same time, the list of acts for which liability is provided is significantly narrower than in the Italian criminal law. Originality/value In general, the institute of criminal liability for subjects of economic crimes with special features is adopted and developed as in the Russian criminal law as in the Italian criminal law. The existence of this institution shows the awareness by legislators of the increased danger to the society of such persons’ actions owing to the fact that the existence of the official status, special powers of certain duties or the lack of an appropriate indication on the contrary allows such a person to commit an act that is not available to other persons.

scholarly journals “It is to be a punishment or a pardon is granted” or Whether the Criminal Code of Ukraine needs to have incentive norms about the crimes against human freedom, honor and dignity

2018 ◽  
Vol 70 (3) ◽  
pp. 22-26
Author(s):  
Ya. H. Lyzohub
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Human Freedom ◽  
Negative Consequences ◽  
Wide Range ◽  
Scientific Arguments

The paper is focused on the analysis of the stimulatory norms expediency in the criminal law of Ukraine. The objective of the paper is to reveal the significance of legal encouraging of an offender to stop his further criminal activity. Especially, it is necessary in conditions of Ukraine’s movement from a previous Soviet heritage to modern punishment standards, where criminal liability is not only punishment, but it is also a strategy to prevent a crime. According to the author’s opinion, a pardon occasionally is much more effective than a sanction, since for some cases it allows giving up a criminal act and can prevent negative consequences for an object of encroachment in such a way. Thus, there is sometimes no need to punish an offender, who is able to get a correction out of a prison. However, there should be a concrete norm to do that, inasmuch as the Criminal Code does not have sufficient extent of such norms. As it is known, a punishment is able to be effective only when an offender both got a penalty, and was pursuing his better path. By conducting a comparative analysis, the author provides scientific arguments and facts of wide range application of encouragement in the conditions of stopping a crime. There author of the paper has analyzed different viewpoints of scholars, related to the issues provided. Herewith, the author has revealed different strategies regarding the improvement of Ukrainian criminal law and practice with the incentive norms.

Legislative Regulation Paradoxes of Criminal Liability for Corruption-related Crimes

2021 ◽  
Author(s):  
S.S. Boskholov ◽  
◽  
V.G. Tatarnikov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Soviet Period ◽  
Criminal Punishment ◽  
Additional Measure ◽  
Property Confiscation ◽  
The Difference ◽  
Criminal Legislation ◽  
Modern Russian

The article raises the problem of the property confiscation absence as an additional measure of punishment in modern Russian criminal legislation. The authors analyze the reasons for excluding property confiscation from the types of criminal punishment in 2003, reveal the difference between property confiscation as a punishment and property confiscation as a measure of criminal law, and provide examples of the property confiscation practice. The article examines the issues of ensuring the compliance of sanctions with the nature and degree of social danger of the crime, with the tasks of preventing the crimes under consideration, and with the justice principles implementation. The article compares the criminal legislation of the Soviet period and modern Russian legislation on liability for corruption crimes. It is proposed that property confiscation must be included in the Criminal Code of Russia as an additional measure of punishment for grave and especially grave crimes, first of all, corruption related crimes. It is also proposed to abandon the establishment of a fine as the main punishment in sanctions for the most dangerous crimes of a corruption nature, including such ones as taking a bribe. According to the authors` opinion the main punishment for such crimes should be imprisonment.

scholarly journals Illicit Enrichment: a New Approach to Criminalizing the Act

2020 ◽  
Vol 14 (4) ◽  
pp. 593-600
Author(s):  
Alexander Golovin ◽  
Natalia Bugayevskaya
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
New Approach ◽  
Criminal Procedure Law ◽  
Legal Document ◽  
State Income ◽  
The Russian Federation ◽  
Objective Side ◽  
Criminal Legislation

The authors analyze the necessity and expediency of incorporating the norm on liability for illicit enrichment into Russian criminal legislation in accordance with the requirements of Art. 20 of the United Nations Convention against Corruption of 2003. The ratification of this international legal document placed Russian lawmakers under an obligation to modernize the anti-corruption legislation, including an obligation to recognize the illegal character of the actions of those officials whose assets have increased disproportionally to their legal income. The authors recognize the existence of different approaches to estimating illicit enrichment as corpus delicti. They rebut the allegation that establishing criminal liability for illicit enrichment does not correspond to the principles of criminal and criminal procedure law; they draw parallels with the current corpora delicti (illegal entrepreneurship and others) in criminal law and prove that establishing that a person possesses certain assets does not contradict the principle of guilt and the principle of the presumption of innocence. The criminal law analysis of illicit enrichment was carried out using the method of modeling corpus delicti with the use of constructions suggested by other scholars and the authors of the draft law on changes in the Criminal Code of the Russian Federation regarding this corpus delicti. The criticism of the suggested models and the research of some elements of corpus delicti, specifically, the objective side of illicit enrichment, led the authors to the conclusion that it is impossible to include this corpus delicti into law because it does not correspond to the requirements of the constitutional and criminal law principle of justice. The impossibility of criminalizing illicit enrichment does not contradict the recommendatory character of conventional norms and does not result in a gap in law. The problem is solved on the basis of legislation on public service, civil and civil procedure legislation. The examined court practice regarding the cases in which the prosecutors requested to turn into a state income the assets whose licit acquisition has not been proven makes it possible to claim that international anti-corruption standards connected with illicit enrichment have been put into practice.

scholarly journals Problematic issues of bringing disciplinary and criminal liability of medical workers

2021 ◽  
pp. 135-151
Author(s):  
V. Kononenko ◽  
M. Demura
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Disciplinary Action ◽  
Criminal Prosecution ◽  
Medical Worker ◽  
National Legislation ◽  
European Court ◽  
Legislative Changes ◽  
Objective Side ◽  
Criminal Legislation

Despite numerous in-depth scientific works, we believe that the issue of disciplinary and criminal prosecution of medical workers needs further study in the light of legislative changes and law-making activities of the European Court of Human Rights. The purpose of the article is to characterize the national legislation governing the disciplinary and criminal prosecution of medical workers. The article analyzes the national legislation governing criminal and disciplinary proceedings for medical offenses. It is established that the criminal legislation in the field of regulation of criminal liability for medical crimes needs to be improved, in particular Art. 140 of the Criminal Code of Ukraine. Based on the generalization of case law, it was concluded that there is no single approach to determining the objective side of this type of crime. This requirement is related to the need to avoid cases of unjustified criminal prosecution of medical workers, when criminal prosecution is carried out and only in court the truth in the case is established and an acquittal is passed. The study provided an opportunity to conclude that a disciplinary misdemeanor is an illegal culpable act or omission, which is expressed in non-performance or improper performance by the employee of duties and other requirements imposed on him under labor law, other special regulations, for which may be subject to disciplinary action. Like any offense, a disciplinary offense is characterized by a set of objective and subjective features, called the composition of the offense: the subject, the subjective side, the object, the objective side. Disciplinary liability of a medical worker is a separate type of legal liability that arises in the event of a disciplinary misconduct by a medical worker. Disciplinary liability of medical workers occurs not only for disciplinary misconduct, but also for violation of moral and ethical norms, as workers in this category must comply with the requirements of professional ethics, respect for honor and dignity of citizens (patients).

scholarly journals MEDICAL WORKERS' LIABILITY FOR CRIMES IN THE FIELD OF TRAFFICKING OF NARCOTIC PRODUCTS UNDER ARTICLE 320 OF THE CRIMINAL CODE OF UKRAINE

2021 ◽  
pp. 19-23
Author(s):  
R. Grinyuk ◽  
B. Kindyuk
Keyword(s):  
Health Care ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
Health Care Institutions ◽  
Criminal Offenses ◽  
Medical Institutions ◽  
Wide Range ◽  
Narcotic Drugs

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

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 CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Criminal law and digital crime: problems and solutions

2018 ◽  
Author(s):  
Евгений Русскевич ◽  
Evgeniy Russkevich
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Schools ◽  
Computer Data ◽  
Digital Crime ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Theoretical Issues

The monograph is devoted to the complex of theoretical and applied problems of adaptation of the domestic mechanism of criminal law protection to the "digitalization" of crime in the conditions of formation of the information society. Along with General theoretical issues, foreign criminal legislation and the provisions of international law are deeply analyzed. The paper presents a refined criminal-legal characteristics of crimes in the field of computer information, including the novelties of the Russian criminal law — the illegal impact on the critical information infrastructure of the Russian Federation (article 2741 of the criminal code), developed proposals for the differentiation of criminal liability for attacks on the security of computer data and systems, developed scientifically sound recommendations for qualification. The monograph is designed for researchers, teachers, practicing lawyers, students and postgraduates of law schools and faculties.

Sign in / Sign up

Export Citation Format

Share Document