scholarly journals The Science of Criminal Policy at the Current Stage: to Evaluating the Results of an International Research Conference «Criminal Policy at the Current Stage», Dedicated to the 25th Anniversary of the Criminal Code of the Russian Federation and the 20th Anniversary of the Criminal Procedure Code of the Russian Federation, Conducted Within the Framework of the 2nd Baikal Legal Forum

2021 ◽  
Vol 15 (5) ◽  
pp. 655-659
Author(s):  
Irina Smirnova ◽  
Tatyana Sudakova
Keyword(s):  
Russian Federation ◽  
International Research ◽  
Criminal Policy ◽  
Criminal Code ◽  
25Th Anniversary ◽  
Research Conference ◽  
Procedure Code ◽  
20Th Anniversary ◽  
The Russian Federation ◽  
Current Stage

scholarly journals CURRENT DIRECTIONS OF CRIMINAL POLICY IN THE FIELD OF ANTI-FRAUD: A GENERAL CRITICAL ANALYSIS

2021 ◽  
Vol 31 (2) ◽  
pp. 318-323
Author(s):  
R.K. Shautaeva ◽  
O.A. Petryanina
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Critical Analysis ◽  
Deviant Behavior ◽  
Criminal Policy ◽  
Criminal Code ◽  
Steady Increase ◽  
Methodological Problems ◽  
The Russian Federation ◽  
The Cost

The relevance of the direction chosen for research is multifactorial. First, there is a steady increase in attacks on property by deception or abuse of trust. Second, the emergence of new forms of fraudulent activities requiring a symmetrical response from government agencies. Third, the offensive, not always error-free development of criminal policy in the form of the creation of new legal and technical mechanisms to counter the considered type of criminal deviant behavior of selfish orientation. All this prompted us to identify and consider the most significant methodological problems in the area taken for research in the form of their demonstration, as well as proposals for directions for their solution. The first criminal law flaw in the state strategy in the fight against fraud is the fallacy in the systematization of the crimes reflected in Art. 159-159of the Criminal Code of the Russian Federation. The substitution of the significance of public relations protected by the norms included in these articles caused the imbalance in the Special Part of the Criminal Code. RF. The second methodological problem is the imbalance in the cost criteria of Art. 159-159of the Criminal Code of the Russian Federation, which form the basis for their criminalization and differentiation. The third problem is the fact that there are separate elements of fraud with their fixation in separate articles of the Criminal Code of the Russian Federation, depending on the areas of encroachment. In the article, on the basis of the conducted critical analysis and the presented argumentation, directions for resolving the noted methodological problems, theoretical, applied and legislative format, are proposed.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Another example of the situational nature of changes in domestic criminal and criminal procedural legislation or a vital short story?

2020 ◽  
pp. 79-83
Author(s):  
Nikolay Letelkin ◽  
Dmitry Neganov
Keyword(s):  
Short Story ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The State ◽  
Federal Law ◽  
Procedure Code ◽  
Corona Virus ◽  
The Russian Federation

The article examines the situationality of modern lawmaking in the field of criminal law in the context of the adoption of the federal law of 1.04.2020 No. 100-FZ «On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation», adopted by the State The Duma of the Russian Federation in connection with the pandemics of the Corona Virus Disеаsе 2019 (COVID-19).

scholarly journals Criminal policy of Russia during a pandemic

2021 ◽  
Vol 108 ◽  
pp. 02017
Author(s):  
Aleksandr Viktorovich Pobedkin ◽  
Andrey Petrovich Fil’chenko ◽  
Tatyana Valentinovna Pinkevich ◽  
Natalia Eduardovna Martynenko ◽  
Vladimir Yurievich Zhandrov
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Main Research ◽  
Legal Response ◽  
The Russian Federation ◽  
Political Decisions

The consequence of the pandemic caused by COVID-19 was the introduction of social restrictions, which led to an increase in the number of users of social networks, as well as their activity on the Internet. The involvement of citizens in the digital environment has changed the targets of criminal efforts of the criminals. The public’s fear of the coronavirus was subjected to criminal exploitation, new forms and methods of theft appeared, as a result, the spectrum of crime shifted to the criminal use of information and communication technologies (hereinafter – ICT. The purpose of the study is to analyze the dynamics of the indicators of Russian crime during the pandemic, to assess the adopted criminal-political decisions in terms of adequacy to the changes in crime, to develop on this basis the proposals for criminal law improvement able to increase the consistency of the current Criminal Code of the Russian Federation and its compliance with the requirements of the criminal-political situation in Russia. The assessment of the sectoral structure consistency in the regulation of criminal liability for committing crimes in the special conditions of a pandemic was used as the main research method. The research was carried out by the authors based on the dialectical method, which made it possible to manage changes in social reality by means of legal response, other scientific methods: sociological, modeling, concrete historical, comparative were applied as well. The results obtained showed that overcoming the negative changes in crime requires adjusting the vector of criminal policy from liberalization towards tightening in relation to crimes committed using ICT. It is proposed to expand the list of aggravating circumstances, limit the use of some mechanisms for terminating criminal liability associated with exemption from it, and review the possibilities of applying conditional conviction to persons who have committed crimes in a pandemic, up to and including refusal of this form of implementation of criminal liability. The formulated new proposals for improving the General Part of the Criminal Code of the Russian Federation restore the consistency of the criminal law and increase the consistency of criminal-political decisions during a pandemic.

scholarly journals ISSUES OF JUDICIAL ORGANIZATION AND JURISDICTION OF COURTS OF FIRST INSTANCE IN THE REPUBLIC OF ESTONIA

2019 ◽  
Vol 8 (7) ◽  
Author(s):  
Rinat R. Akhmetzakirov ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Political Rights ◽  
Criminal Courts ◽  
Procedure Code ◽  
Independent Form ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
The Republic

The United Nations obliges the national legislator to pay particular attention to issues of jurisdiction through the International Documents. These obligations are specified in clause 1 of Article 14 of the Covenant on Civil and Political Rights and in clause 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is the duty of states to guarantee rights to a fair public hearing by a competent court without delay. Jurisdiction issues, i.e. competencies of criminal courts in the Russian Federation, are regulated by Article 31 of the Criminal Procedure Code of the Russian Federation. The rules of this article are of great importance. Thus, the fulfillment of the requirements of Article 31 of the Criminal Procedure Code of the Russian Federation consists in the fact that if the rules of this article are violated, this automatically leads to the sentence cancellation and the re-examination of the criminal case.  Similar serious attention is paid to the legislator of the Republic of Estonia. The legal system of this country is part of the Romano-German legal family, having peculiar differences. In order to alleviate the workload of the courts of first instance, offenses were singled out in the Criminal Code as an independent form of punishment, and the simplified (summary) proceedings were also stipulated for application.

PROPERTY-RESTORATION LINE IN DEPENALIZATION CRIMINAL POLICYOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 17-22
Author(s):  
T. R. Sabitov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Personal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Monetary Compensation ◽  
The Russian Federation ◽  
Compensation For Damage

The article analyzes the latest trends in Russian criminal policy related to its property-restoration focus. The author aims to emphasize the fact that criminal policy in Russia has significantly changed in its quality. The new rules on exemption from criminal liability increasingly emphasize receiving monetary compensation as a condition for such exemption. The articles of the Criminal Code of the Russian Federation are analyzed: on liability for non-payment of wages, pensions, scholarships, allowances and other payments; on exemption from criminal liability in connection with compensation for damage; on exemption from criminal liability with a fine; on liability for tax and other crimes. Considering the new criminal law norms on exemption from criminal liability, the author comes to the conclusion that these norms are increasingly contrary to the principle of personal responsibility, since the legislator increasingly proceeds from the task of restoring property interests than from the criterion of the presence or absence of public danger.

PROPERTY-RESTORATION LINE IN DEPENALIZATION CRIMINAL POLICYOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 17-22
Author(s):  
T. R. Sabitov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Personal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Monetary Compensation ◽  
The Russian Federation ◽  
Compensation For Damage

The article analyzes the latest trends in Russian criminal policy related to its property-restoration focus. The author aims to emphasize the fact that criminal policy in Russia has significantly changed in its quality. The new rules on exemption from criminal liability increasingly emphasize receiving monetary compensation as a condition for such exemption. The articles of the Criminal Code of the Russian Federation are analyzed: on liability for non-payment of wages, pensions, scholarships, allowances and other payments; on exemption from criminal liability in connection with compensation for damage; on exemption from criminal liability with a fine; on liability for tax and other crimes. Considering the new criminal law norms on exemption from criminal liability, the author comes to the conclusion that these norms are increasingly contrary to the principle of personal responsibility, since the legislator increasingly proceeds from the task of restoring property interests than from the criterion of the presence or absence of public danger.

scholarly journals Real Served Term in Case of Parole: Problems of Determination

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Руслан Долотов ◽  
Ruslan Dolotov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
House Arrest ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Creation ◽  
The Right

The article is devoted to the practice of parole. The main goal of the study is to determine if is it properly to include a period of house arrest in six months term of imprisonment, necessary for the creation of the right to parole. The article proves that in practice they judge from the following conclusion: as the period of house arrest is included in the period of detention, and the detention period is included in the term of imprisonment, so when a real served term for parole is determined it is necessary to include in it the period of house arrest. The author explains that such conclusion is flawed since it is based on a dogmatic rather than systemic interpretation of the Criminal Code and the Criminal Procedure Code of the Russian Federation without understanding the role which plays set by the legislator six months term in case of parole in the system of criminal law measures.

scholarly journals Legislative technique and its significance for lawmaking in the field of the branches of the criminal cycle

2020 ◽  
Vol 14 (3) ◽  
pp. 353-361
Author(s):  
A.L. Santashov ◽  
◽  
E.A. Mukhtarova ◽  
V.S. Tantsyura ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Objective Assessment ◽  
Criminal Policy ◽  
Criminal Code ◽  
Technical Improvement ◽  
Public Authorities ◽  
Penal Law ◽  
The Russian Federation ◽  
Legal Technology ◽  
Scientific Ideas

The subject of research in this article are theoretical and applied issues of legal technology in criminal and penal law. The purpose of the work is to give an objective assessment of the use of the possibilities of legislative technology in the relevant branches of law of the criminal cycle. The study analyzes scientific ideas about the concept of legal technology, its types and constituent components. According to the authors the legislative technique is an integral part of the legal technique, which is a set of tools, techniques and rules developed by science and practice which are used by public authorities when carrying out, within their competence, lawmaking activities to develop and formalize the text of a law as well as other regulatory prescription. The article notes that it is the differentiated execution of punishment that is a prerequisite for individualization, justice of punishment and, consequently, its effectiveness. The authors consider it expedient to study these problems from the standpoint of the technical and legal design of legislation, since as it develops, the foundations, types and means of differentiation and individualization of responsibility have changed and improved. It is no coincidence that the legislative and technical improvement of the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation is recognized today as one of the general directions of the development of Russian legislation on the criminal cycle and criminal policy in the first decades of this century.

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