Legislative Use of Attributes of the Status Role Positions of the Guilty Person and the Victim as a Reflection of the Trend of Specialization in the Russian Criminal Law

2021 ◽  
pp. 236-242
Author(s):  
Yuliya S. Karavaeva ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Arithmetic Operations ◽  
Legal Method ◽  
The Status ◽  
Special Rules ◽  
Legislative Changes ◽  
High Dynamics ◽  
Criminal Legislation

The aim of the article is to assess the frequency and validity of the use of the status role characteristics of the guilty person and/or the victim in the construction of special elements of crimes in the context of the issues of the redundancy of the current criminal legislation specialization as the dominant trend of its development. The empirical basis of the study is the numerical values obtained in the course of arithmetic operations to determine the dynamics of legislative changes in the Criminal Code of the Russian Federation and the frequency of using the status role characteristics of the guilty person and/or the victim in special norms. The methodological basis of the work is the formal legal method, which allows working directly with the text of the criminal law in order to both conclude about the high dynamics of its changes and analyze new special norms, which ultimately led the author to the conclusion about the redundancy of its specialization. In addition, the method of mathematical calculations (simplest arithmetic operations), as well as other general scientific methods (analysis, synthesis) were used. Within the framework of a critical understanding of the legislative criminal legal activity for the period of 2018-2020, attention is drawn to its orientation and technical and legal side, the content of which indicates the predominance of the trend of specialization. Being natural and necessary, specialization allows reflecting the differentiation of legal relations as a process that takes place objectively, by differentiating the law. In the case of criminal law, this involves the emergence of special rules for the purpose of differentiating liability. The analysis of some of the special norms that have reappeared in the Special Part of the Code allows concluding that the legislator has chosen a casual way of presenting them, which, taking into account the high dynamics of lawmaking in criminal law, clearly indicates that the trend of specialization has acquired a redundant character. Taking into account the conclusion about the redundancy of specialization of the criminal law, it is possible to overcome it both by rejecting unjustified, reactive criminalization that simulates an active criminal policy of combating crime and by moving to unification processes in terms of eliminating terminological errors, violations of the requirements of systemic legislation, and reducing regulatory material.

scholarly journals Criminal Law Protection of Reproductive Health: Current Challenges

2019 ◽  
Vol 12 (2) ◽  
pp. 147-153
Author(s):  
E. L. Sidorenko
Keyword(s):  
Reproductive Health ◽  
Human Genome ◽  
Criminal Law ◽  
Policy Development ◽  
Practical Importance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Research Findings ◽  
The Individual ◽  
Criminal Legislation

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

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 New Trends in the Development of Criminal Law in Modern China: a Review of Changes in Chinese Criminal Legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 115-123
Author(s):  
Dongmei Pan
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Modern China ◽  
Economic Damage ◽  
Public Healthcare ◽  
Republic Of China ◽  
Special Part ◽  
Criminal Legislation

The article discusses the latest changes in the Criminal Code of the People’s Republic of China that were introduced at the end of 2020. The amendments were adopted after numerous revisions and discussions, and were officially published on December 26, 2020. As a result, fifteen new offences were added to the Criminal Code, and 47 articles were modified or amended. These amendments refer to financial security, intellectual property, security of public healthcare, production of food and medications, and the regulation of criminal liability for crimes connected with minors. Thus, they reflect the reaction of criminal legislation to public life through the criminalization and penalization of some publically dangerous actions. At the same time, they indicate the direction of Chinese criminal policy that combines «leniency» and «strictness». For example, most of the newly added offences are minor. On the whole, changes and amendments to the current Criminal Code of China are connected with different institutes of criminal law: reduction of the age of criminal liability for some offences; addition of new offences; introduction of changes and amendments to the dispositions and sanctions of some of the existing offences; provision of an opportunity to impose penalties that are under the lower limit determined by the corresponding Article of the Special Part of the Criminal Code of China if the property obtained in the crime is recovered, or the economic damage to the victim is compensated.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

scholarly journals Criminal law characteristic of certain restrictive measures

2021 ◽  
pp. 251-260
Author(s):  
YU.M. Plish
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Article ◽  
New Concepts ◽  
The Status ◽  
General Part ◽  
Legislative Changes ◽  
The Moment ◽  
Restrictive Measures

Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of in¬ternational institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures (these provisions came into force on January 11, 2019). From the moment of the regulation of restrictive measures in the Criminal Code of Ukraine, they have acquired the status of criminal-legal measures. Restrictive measures have a specific purpose - to protect the victim from a person who has committed a socially dangerous act, to protect against committing a socially danger¬ous act in relation to the victim in the future, to minimize the interaction between the person, who is in a dangerous state, and the victim, if such has the significant risks.This scientific article analyzes the conditions of application of restrictive measures in criminal law, in particular, it is determined that the concept of «crime related to domestic violence» is broader than the concept of «domestic violence» in Article 126-1 of the Criminal Code of Ukraine and can be used not only in the commission of this crime, but also in other socially dangerous acts that have signs of domestic violence; some considerations regarding the improvement of the grounds for the application of restrictive measures are highlighted; the correlation between the requirements of international acts and current provisions on restrictive measures is considered.A detailed analysis of the types of restrictive measures that are in the Criminal Code of Ukraine was made. The need for some legislative changes and additions is argued, this concerns the wording of the names of types of restric¬tive measures; new concepts that should be enshrined at the legislative level; meaningful content of such varieties. The conclusion was made that the regulation of restrictive measures in the Criminal Code of Ukraine is a positive step, but due to the novelty of this legal category there is a need for their partial editing and changes.

scholarly journals ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY

2020 ◽  
Vol 30 (6) ◽  
pp. 844-850
Author(s):  
V.I. Antonov ◽  
E.V. Antonov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Point Of View ◽  
Relevant Today ◽  
History Of ◽  
Criminal Legislation ◽  
Further Development

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.

scholarly journals Illegal Production of Medical Agents and Equipment (Article 235.1 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 845-855
Author(s):  
Aleksey Rarog
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Optimal Solution ◽  
Criminal Code ◽  
The Russian Federation ◽  
Special Rules ◽  
Criminal Legislation

Illegal production of medical agents and equipment poses a global threat to public health of all countries, not to mention its harm to the economy. Human life and health should be protected not only by industry laws that regulate the production and distribution procedures, but also by criminal legislation that establishes liability for most dangerous violations of prohibitions in medicine and pharmacology. The legislative experience of foreign (mostly European) countries shows that the optimal solution to the problem of criminal liability in cases of grave violations of the production and trade procedures for medical production is to introduce criminal law norms with blanket dispositions, where the components of the actus reus of the offence are described though regulatory laws that set special rules and prohibitions for medical services and pharmaceuticals. The analysis of international legal norms and criminal legislation of some foreign countries and the Russian Federation allows the author to prove that it is necessary to single out medical criminal law as a specific sub-branch of Russian criminal law, where pharmaceutical criminal law could become an autonomous institute. The author presents an analysis of the constituent elements of the crime under Art. 235.1 of the Criminal Code of the Russian Federation and concludes that the terminology of criminal law does not fully correspond to the concepts in healthcare legislation, and also that the analyzed norm in its present edition should not be included in the Chapter on crimes against public health and morals; the author offers his own version of this norm.

Features of Humanization of the Criminal Policy of Kazakhstan: Study of the Possibilities to Increase the Effectiveness of Punishments in the Context of International Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1604
Author(s):  
Nurlan BIZHAN ◽  
Tugel BEKIMBETOV ◽  
Alisher PERSHEYEV ◽  
Gulshat RAHMETOVA ◽  
Gulmira DAIRABAYEVA
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Experience ◽  
Public Works ◽  
International Criminal Law ◽  
Global Trends ◽  
The Republic ◽  
Criminal Legislation ◽  
Further Development

Humanization of the criminal policy of the Republic of Kazakhstan, started by the President of the country in the Message dated January 29, 2010, attracts the attention of many researchers, both in Kazakhstan and in the world. However, the issue of what impact this humanization has on the recorded criminality in the country is answered by researchers ambiguously. A part of society also believes that humanization allows avoiding fair punishment for many criminals. The aim of the work is to summarize the results of the humanization of the criminal policy, to develop certain recommendations on the improvement of the criminal legislation of Kazakhstan taking into account world trends and the provisions in the international criminal law. The influence of international legislation on the formation of national criminal law is analyzed. Under the influence of global trends, there has been significant humanization of the criminal legislation of the Republic of Kazakhstan. A significant reduction in the number of persons serving a criminal sentence of imprisonment is mentioned by the author as one of the main achievements of the process of humanization. The author sees the further development of the process of humanization in a new approach to the execution of punishment in the form of community service. The international experience of implementing the principle of publicity for a number of criminal penalties, its conformity with the historical traditions of the Kazakh society are recognized as positive; this experience is recommended to be used and fixed in the Criminal Code of the Republic of Kazakhstan. The author believes in the need to widely involve public organizations, including religious ones, in their influence on people convicted for public works.

scholarly journals Liberalization and Humanization of Criminal Law Policy

2021 ◽  
Vol 15 (5) ◽  
pp. 565-577
Author(s):  
Irina Kravchenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Economic Interests ◽  
Special Part ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

The goal of the article is to define modern trends in criminal law policy in the Russian Federation. More thorough research should be carried out in connection with lively scientific discussions on defining the essence of criminal policy and the lack of a universal understanding of the contents and key trends of developing criminal law policy. The author researched two components of criminal law policy which are currently trending in the research community — humanism and liberalization. The author’s own understanding of these characteristics is presented in the article. The author also studied the clauses of the Concept of criminal law policy of the Russian Federation from the standpoint of their correspondence to humanistic and liberal ideas and carried out an analysis of changes in Russian criminal legislation with the aim of identifying modern trends in criminal law policy. The study is carried out for the period of the latest full five years (2016–2020). It is stated that the number of laws aimed at amending the Criminal Code of the Russian Federation, and the number of actually introduced amendments are diverse values. Most changes are aimed at amending the Special Part of criminal law and are connected with criminalization. There is a trend for strengthening the protection of economic interests and public security, which has a rather weak correlation with the widely recognized priority for the protection of the individual, civil rights and freedoms. In general, the analyzed period is characterized by tightening of criminal law policy. The key features of criminal law amendments are their inconsistency, lack of a system or a unified direction. The author concludes that, contrary to the expectations of the public, the humanism and liberalization are manifested very moderately at the current stage of criminal policy’s development, they do not constitute its defining characteristics and challenge its progressive character. One of the promising ways of solving the identified problems is increasing and strengthening the role of criminological research in the development of criminal law policy.

scholarly journals The influence of socio-economic factors on the formation of administrative-tort and criminal policy of the government

2020 ◽  
Vol 210 ◽  
pp. 17010
Author(s):  
S. Zakharova ◽  
E. Nazarkin ◽  
O. Shuranova ◽  
S. Khamizova ◽  
E. Cherepanova
Keyword(s):  
Human Behavior ◽  
Criminal Law ◽  
Human Activities ◽  
Criminal Policy ◽  
Economic Factors ◽  
Constitutional Rights ◽  
The Government ◽  
Legislative Changes ◽  
Criminal Legislation ◽  
Socio Economic Factors

Poor forecasting of the results of improving administrative and criminal legislation in terms of criminalization / decriminalization of criminal acts, imperfection of the administrative-tort and criminal policy of the state leads to the assumption of unjustified criminalization of similar socially dangerous acts, the establishment of excessive administrative and criminal law prohibitions on the implementation of certain activities, as well as to incorrect decriminalization of previously established criminal law prohibitions. The study of the influence of socio-economic factors on the formation of the administrative-tort and criminal policy of the government, acting as interrelated parts of a single punitive-legal policy, is due to the need to identify the directions of its implementation, the result of which is a change in administrative and criminal legislation. The analysis of the current administrative and criminal legislation, the systematization of the theoretical provisions of the problems of criminalization / decriminalization of acts, comparison of the factors that act as their causes, made it possible to identify the grounds for the legislative changes, which include: the emergence of new types of socially dangerous human activities; unfavorable dynamics of certain types of human behavior dangerous to society, which were regulated in administrative legislation or were not considered at all as offenses; the need to strengthen the protection of constitutional rights and individual freedoms; mistakes of the earlier decriminalization of criminal acts.

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