scholarly journals Modern Problems of Establishing and Implementing Criminal Liability for Illegal Migration Crimes

2021 ◽  
Vol 15 (3) ◽  
pp. 341-351
Author(s):  
Vladimir Taranenko ◽  
Stanislav Kharitonov ◽  
Maria Reshnyak ◽  
Sergey Borisov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Regulatory Compliance ◽  
Place Of Residence ◽  
Illegal Migration ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

This study aims to identify and consider modern problems in establishing and implementing criminal liability for crimes pertaining to illegal migration, such as illegal crossing of the Russian Federation State Border, organizing illegal migration, fictitious registration of citizens of the Russian Federation at a place of stay or place of residence in residential premises in the Russian Federation, fictitious migration registration of foreign citizens or stateless persons at a place of residence in residential premises in the Russian Federation, as well as fictitious registration of foreign citizens or stateless persons at a place of stay in the Russian Federation. On this basis, proposals to improve legislative and regulatory compliance practices in this area have been formulated. The object of research is social interaction associated with the establishment and application of criminal law provisions on accountability for the crimes. The subject of research is a complex of legislative, doctrinal and practical issues, the study of which contributes to the development of criminal law theory in the area of liability for illegal migration crimes. This article considers the clarifications issued by the Plenary Session of the Supreme Court of the Russian Federation cited in resolution No. 18 “On Judicial Practice in Cases on Illegal Crossing of the State Border of the Russian Federation and on Crimes Pertaining to Illegal Migration” of July 9, 2020, relevant court practice materials and the Supreme Court of the Russian Federation Judicial Department’s statistical data. Research methodology is based on general and specific scientific methods, including comparative legal and concrete-sociological ones. As a result of the comprehensive analysis of criminal justice vulnerabilities in response to crimes pertaining to illegal migration, proposals for further development of the criminal legislation on the fields of criminal liability for such crimes and practices associated with its application have been formulated. For example, this article reveals the content of actions that form the objective aspect of crimes pertaining to illegal migration, defines the legal and factual aspects of committed offences, and provides recommendations concerning their qualification, including differentiation between them and their separation from related crimes and similar administrative offenses.

scholarly journals The Analysis of Key Provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 09.07.2020 No. 18 “On Judicial Practice in Cases of Illegal Crossing of the State Border of the Russian Federation and Crimes Related to Illegal Migration”

2020 ◽  
pp. 076-083
Author(s):  
P. A. Akimenko ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Illegal Migration ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Uniform Law ◽  
The Russian Federation ◽  
Criminal Legislation

The norms introduced at different times into Russian criminal legislation and enshrined in Articles 322, 3221, 3222 and 3223 of the Criminal Code of the Russian Federation have a number of legal defects, resulting in a controversial practice that has generated a lot of debate in the scientific community regarding this research issue. There was a need to accumulate and analyze the existing judicial practice, taking into account advanced scientific views. As a result, the Plenum of the Supreme Court of the Russian Federation issued a Resolution aimed at regulating criminal liability for violations of migration legislation. After that, the author of the article conducts a detailed analysis of the said judicial act and on this basis draws conclusions about the set of positive and negative aspects contained in it in order to help create a uniform law enforcement practice.

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.

Accounting of public danger of crime in the sphere of illicit trafficking in drugs and psychotropic substances at assignment of punishment

2019 ◽  
pp. 30-40
Author(s):  
Евгения Сергеевна Витовская
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Liability ◽  
Psychotropic Substances ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Protection ◽  
Criminal Legislation ◽  
Illicit Trafficking

Статья посвящена проблеме учета общественной опасности преступления в сфере незаконного оборота наркотических средств и психотропных веществ при назначении наказания. Рассмотрены различные позиции ученых по вопросу критериев, определяющих общественную опасность совершенного преступления. Отмечается, что происходит формирование нового взгляда на содержание общественной опасности преступного деяния. Автор придерживается позиции, которая включает в содержание общественной опасности преступного деяния вредоносность и прецедентность, показателями такой опасности выступают ее характер и степень. Вредоносность обусловлена прежде всего уровнем наркотизации населения, позволяющим оценить совокупность наступивших негативных последствий приспособительного и преобразовательного свойства наркопреступности. Характеризуя прецедентность, следует иметь в виду оценку наркоситуации, которая проявляется в возможности ее повторяемости и несет свойства человеческой практики. Специфика общественной опасности преступления в сфере незаконного оборота наркотических средств и психотропных веществ определена ее характером и степенью. Обращается особое внимание на то, что характер общественной опасности определен через объект уголовно-правовой охраны. Общественные отношения, охраняющие здоровье населения, определяют социальную сущность преступления в сфере незаконного оборота наркотических средств и психотропных веществ, выступают основанием уголовной ответственности, служат основанием для классификации преступлений. Приводятся статистические показатели различных структур, характеризующие здоровье населения и ситуацию в сфере незаконного наркооборота. Обращается внимание на то, что содержание общественной опасности должно быть закреплено не в постановлении Пленума Верховного суда РФ, а на законодательном уровне, что позволит совершенствовать уголовное законодательство и практику его применения. The article is devoted to a problem of accounting of public danger of crime in the sphere of illicit trafficking in drugs and psychotropic substances at assignment of punishment. The author considers various positions of scientists on the criteria defining public danger of the committed crime. It is noted that there is a formation of a new view on the content of public danger of criminal action. The author adheres to a position which includes injuriousness and a pretsedentnost in the content of public danger of criminal action, its character and degree act as indicators of such danger. The injuriousness is caused first of all by the population narcotization level allowing to estimate set of the come negative consequences of adaptive and converting property of narcocrime. Characterizing a pretsedentnost, it must be kept in mind assessment of a drug abuse situation which is shown in a possibility of its repeatability and bears properties of human practice. The specifics of public danger of crimes in the sphere of illicit trafficking in drugs and psychotropic substances are defined by its character and degree. Special attention that the nature of public danger is defined through object of criminal protection is paid. The public relations protecting health of the population define social essence of crimes in the sphere of illicit trafficking in drugs and psychotropic substances, act as the basis of criminal liability, form the basis for classification of crimes. The statistics of various structures characterizing health of the population and a situation in the sphere of an illegal narcoturn are given. The author pays attention that the content of public danger has to be enshrined not in the resolution of the Plenum of the Supreme Court of the Russian Federation, and at the legislative level that will allow to improve the criminal legislation and practice of its application.danger of crimes in the sphere of illicit trafficking in drugs and psychotropic substances at assignment of punishment. The author considers various positions of scientists on the criteria defining the nature of public danger of the committed crime. It is noted that there is a formation of a new view on the content of nature of public danger of criminal action. Special attention that in the existing resolution of the Plenum of the Supreme Court of the Russian Federation «About practice of appointment of criminal penalty as courts of the Russian Federation» the nature of public danger is defined through object of criminal protection is paid. The public relations protecting health of the population define social essence of crimes in the sphere of illicit trafficking in drugs and psychotropic substances, act as the basis of criminal liability, form the basis for classification of crimes. The statistics of various structures characterizing health of the population and a situation in the sphere of an illegal narcoturn are given. The author pays attention that the content of nature of public danger has to be enshrined not in the resolution of the Plenum of the Supreme Court of the Russian Federation, and at the legislative level that will allow to improve the criminal legislation and practice of its application.

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 The Theory of Criminal Law Should Not Be Reduced to the Analysis and Criticism of Criminal Legislation

2019 ◽  
Vol 14 (1) ◽  
pp. 121-140
Author(s):  
Anatoly Naumov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Principle Of Legality

In both normative and sociological senses criminal law includes three components — criminal legislation, judicial practice, and criminal law doctrine, and the development of this branch of law is possible only in their unity. The criminal law doctrine is to a certain extent superior to the other components of the "triad" and involves the development of the branch’s principles, goals and objectives. At the same time, the improvement of criminal law is not the only goal of the theory of criminal law. It should not be limited only to criticism of the current legislation and proposals for its improvement. However, the vast majority of modern domestic criminal law publications, such as monographs, articles in legal periodicals, dissertations, are devoted to criticism of the current Criminal Code of the Russian Federation. Indeed, the current criminal law is not perfect, but the "imbalance" of research into the "law-making" side significantly reduces the scope of criminal law doctrine. And there will always be demand for theoretical studies on the analysis of the subject and method, system and objectives of criminal law, its sources.Debatable, for example, still is the issue of the legal nature of the decisions of the Plenum of the Supreme Court of the Russian Federation and, in particular, the judgments of the Constitutional Court of the Russian Federation. The explanations of the Plenum of the Supreme Court are a special kind of judicial interpretation and a fairly reliable tool for the courts to understand "the letter of the criminal law" and it’s applicability to the particular case. As for the assessment of the legal nature of the judgments of the Constitutional Court of the Russian Federation, the criminal law doctrine often fails to notice that they touch upon the methodological problems of the theory of criminal law. In relation to a number of criminal law prohibitions, judgments of the Constitutional Court of the Russian Federation are a source of criminal law, along with the Criminal Code. The Constitutional Court of the Russian Federation specified the most important principle of criminal law — the principle of legality and clarified the characteristics of criminality of socially dangerous acts prohibited by criminal law, which is directly related to the issue of criminal liability. In this sense, the Constitutional Court formulated a new and important addition to the content of the principle of legality — the certainty of criminal law rules, and, first of all, the criminal law prohibitions. Thus, the judicial authority overtook the criminal law doctrine in solving one of the most important issues for criminal proceedings.

scholarly journals FEATURES OF QUALIFICATIONS FRAUD IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 13 (1-2) ◽  
pp. 113-116
Author(s):  
Stanislav V Rozenko ◽  
Ksenia A Murzina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Serious Crime ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of determining a fraud in the Russian criminal law. The relevance of the topics currently defined by the presence of problems of qualification of fraud resulting from new approaches to the criminalization of theft. The subject is article 159 of the criminal code. Tasks of the article: suggestion when you know the subject of the crime under-ruined article 159 of the criminal code, in accordance with the current changes of the civil legislation of the Russian Federation, people's property, which includes rights of property; to add to article 159 of the criminal code a qualified sign of the Commission of a fraud committed by a group of individuals that alows you to qualify actions of guilty, in the case of lack of proof of their collusion, as a more serious crime than fraud committed by more than one individual; it seems necessary to define in the explanation of the resolution of Plenum of the Supreme Court position on the percenage of the causes of harware damage with the income of the victim or the aggregate income of the family of the victim, taking into account the number of family members.

scholarly journals Embezzlement of Other People’s Property, Committed with the Use of Official Position, as a Corruption-Related Crime

2021 ◽  
Vol 2 ◽  
pp. 52-58
Author(s):  
Maria G. Reshnyak ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Statistical Information ◽  
Official Position ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Common ◽  
Common Problems ◽  
Criminal Legislation

This article deals with topical issues of legislative regulation and implementation of criminal liability for theft of other people’s property committed by persons using their official position. These stealing are investigated in the context of the phenomenon of corruption, while the common problems of the effectiveness of criminal law counteraction to the relevant acts are highlighted. In his work, the author refers to the current Russian and foreign criminal legislation on liability for stealing using official position, explanations of the Plenum of the Supreme Court of the Russian Federation, research of scientists concerning the issues under consideration, statistical information, formulates original proposals for improving the criminal legislation on liability for “official” stealing and the practice of its application.

scholarly journals Topical Issues of Improving Criminal Law Measures Against Kidnapping, Illegal Imprisonment, Human Trafficking and the Use of Slave Labor

2020 ◽  
Vol 14 (3) ◽  
pp. 481-494
Author(s):  
Vladimir Taranenko ◽  
Stanislav Kharitonov ◽  
Maria Reshnyak ◽  
Sergey Borisov
Keyword(s):  
Supreme Court ◽  
Human Trafficking ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Theory And Practice ◽  
Slave Labor ◽  
Personal Freedom ◽  
The Supreme Court ◽  
The Russian Federation

This research is aimed at identifying the problems of the regulation and enforcement of current criminal law norms for counteracting such crimes against human freedom as kidnapping, illegal imprisonment, human trafficking and the use of slave labor, as well as at working out suggestions on solving these problems. The sphere of the research is public relations that emerge in connection with the development and enforcement of criminal law norms on liability for these infringements on personal freedom. The object of research is a number of problems in legislation, theory and practice whose analysis will make it possible to gain an integral and detailed understanding of historical and social prerequisites, trends and directions of the development of the institute of criminal liability for crimes against personal freedom. The authors analyze the clarifications of the plenum of the Supreme Court of the Russian Federation included in the decree «On Court Practice for Cases of Kidnapping, Illegal Imprisonment and Human Trafficking» of December 24, 2019 № 58, the published practice of the Supreme Court of the Russian Federation and the courts of the subjects of the Russian Federation on criminal cases of the above-mentioned crimes against personal freedom, as well as the official statistical information of the Court Department of the Supreme Court of the Russian Federation on convictions for such crimes. The methodological basis of this research comprises both general and special research methods, including the specific-sociological and comparative legal ones. The complex research of the problems of liability for crimes against personal freedom is used as a basis for formulating and validating specific suggestions on improving criminal law norms on liability for such infringements and the practice of their enforcement. Specifically, the article contains recommendations on determining the moment when crimes against freedom end, on their delineation, as well as on solving other complex problems of qualification for these crimes within the scope of one or several Articles of Chapter 17 of the Criminal Code of the Russian Federation.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

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