scholarly journals TECHNOLOGIES IN THE CRIMINAL LEGISLATION OF RUSSIA: PROBLEMS AND PROSPECTS

2020 ◽  
pp. 85-92
Author(s):  
Vasily N. Nekrasov ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Code ◽  
Innovative Activity ◽  
Innovation Activity ◽  
Technical Innovations ◽  
The Russian Federation ◽  
The Impact

In this paper, the author tried to consider the impact of such innovation results as technology on domestic criminal law and to understand whether the legislator is ready for them. In the current Criminal Code of the Russian Federation, the legislator does not once use a single general concept in relation to technical innovations, which allows to characterize its various elements. At the same time, the legislator traditionally uses such private terms as tools, means, equipment, system, etc. When considering this issue, the first thought that comes to mind is that technical innova-tions in the Criminal Code are regarded as instruments or means of committing a crime. In criminal law theory, there are many points of view on the question of distinguishing between "instrument" and "means" of crime. The Criminal Code of the Russian Federation does not clearly understand the concepts under analysis. Technical innovations, such as equipment by domestic lawmakers, are regarded as instruments and means of committing a crime. The above concepts were traditionally used by the legislator to construct the norms of the Russian criminal law. At the same time, due to the active development of innovation activity, new technical innovations are appearing today, which, firstly, did not exist before, and secondly, they have a number of specific features. At the same time, definitions that were not previously used in the Russian criminal law, which allow judging about new possibilities of technology, which only stimulate the discus-sion about the legal status of technology, both in criminal law and in legislation as a whole, are already in place today. Social relations are undergoing certain changes as a result of innovative activities. In this regard, the object of crime is also being transformed. As a result, a new type of property is emerging, namely intellectual property, which is also subject to criminal law protection. It seems that today there is a need to combine the norms in the field of crimes that infringe on innovative activity into a separate group of norms. These social relations have a number of features that make it possible to consider forming them into a separate type of crime object. Separating groups of crimes in the area of innovative activity will be of great importance. In particular, it will make it possible to establish public danger in relation to a group of crimes and to analyse changes in the degree of public danger of crime depending on the type of quali-fying and attracting circumstances.

scholarly journals Technologies in the criminal legislation of Russia: problems and prospects

2019 ◽  
Vol 13 (3) ◽  
pp. 372-376
Author(s):  
V. N. Nekrasov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Innovative Activity ◽  
Separate Group ◽  
Technological Innovations ◽  
New Concepts ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact

The article attempts to consider the impact of this type of innovation results, such as technology, on the domestic criminal law and conclude that the current law is ready for emerging innovations. In the work technological innovations as tools and means of crime are studied. In addition the author investigated the problematic issues of constructing the Criminal Code of the Russian Federation using new concepts related to the development of innovative activity. The author concludes that at present the need has arisen for combining the norms in the field of crimes encroaching on innovative activity into a separate group of norms.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals Protecting the life and health of students from the negative impact of digital technologies

2021 ◽  
Vol 273 ◽  
pp. 10016
Author(s):  
Elena Millerova ◽  
Igor Napkhanenko ◽  
Alexander Fedorov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Criminal Code ◽  
Practical Aspect ◽  
The Internet ◽  
The Russian Federation ◽  
Types Of Information ◽  
The Impact

This article is devoted to the study of the negative aspects of the impact of the Internet on the life and health of persons who have not reached the age of majority in Russia (that is, the age of 18), as well as the criminal law and forensic possibilities of countering this. In the article, the authors goes by the types of information that are legally prohibited for distribution among minors in the Russian Federation. Having analyzed the types of this prohibited information, the authors identified exactly those types that can threaten the life and health of children. The article examines the problematic aspects of familiarizing minors with such information on the Internet, analyzes the norms of the Criminal Code of the Russian Federation, which provide for criminal liability for the distribution of this information on the Internet. The practical aspect of this study is expressed in the analysis of the issues of qualification of such crimes, their differentiation with similar elements of administrative offenses. As a result of the analysis of these criminal law norms, the authors have identified a number of gaps that need to be filled. In this regard, in order to increase the effectiveness of the criminal law struggle against the negative impact of the Internet on the life and health of minors, some amendments to the articles of the Criminal Code of the Russian Federation are proposed. The article also analyzes the forensic aspects applicable to this topic, namely, it examines some features and problems of identifying, disclosing and investigating crimes committed against minors with the use of the Internet. The author's conclusions and suggestions on this matter are expressed.

scholarly journals Economic Entities in the Context of Technological Modernization of Economy: Priority Trends Taking into Account Digital Transformation

2021 ◽  
pp. 74-87
Author(s):  
Anna Shkalenko ◽  
Yulia Tymchuk
Keyword(s):  
Russian Federation ◽  
Main Idea ◽  
Digital Transformation ◽  
Innovative Activity ◽  
Innovation Activity ◽  
State Support ◽  
Tax Legislation ◽  
Technological Modernization ◽  
The Russian Federation ◽  
The Impact

The basis of this study is the use of elements of an innovative methodology of post-institutional analysis based on the interdisciplinary synthesis, which involves overcoming the monodimensionality, dichotomization and dogmatism of many concepts of orthodox neo-institutionalism. The main idea of this study is to apply an interdisciplinary approach to study the impact of technological modernization on economic entities and identify priority trends taking into account digital transformation of public relations. The assessment of the current problems under study and the conceptual framework of the study were carried out on the basis of studying and rethinking the results of numerous works by European and Russian scientists, as well as the legislation of the Russian Federation. The regulatory framework covers current domestic legislation in the field of civil, business and tax law, which regulates innovative activities. As a result of the conducted research, it is established that innovative activity is managed by a large number of regulations of various industry affiliation, which do not have any systemic connection with each other. The existing terminological intricacy is revealed in innovation legislation. The current legislation, including at the level of the constituent entities of the Russian Federation, does not set the criteria and the indicators of an innovative organization. This serves as a factor that both complicates obtaining state support and hinders the wider introduction of innovations. The mechanisms of stimulating innovative activity provided by the tax legislation are investigated, and their effectiveness is also evaluated. The article proves the need for adoption of a special Federal Law aimed at regulating innovative legal relations. The need to improve the tax legislation is justified in terms of creating a special tax regime for subjects of innovative activity. It is proposed to expand the measures of state support for innovation activity within the subjects in the Russian Federation by introducing the institute of innovation voucher. The role of responsible innovations for sustainable business development in the period of digital transformation of society is defined.

scholarly journals Budget funds for financing investments in innovative development of the region (on the example of the Central Black Earth Region)

2021 ◽  
pp. 1-15
Author(s):  
Konstantin Konstantinovich Pozdnyakov
Keyword(s):  
Research And Development ◽  
Russian Federation ◽  
Federal District ◽  
Innovative Activity ◽  
Innovation Activity ◽  
Innovative Development ◽  
Goods And Services ◽  
Strategic Factor ◽  
The Russian Federation ◽  
The Impact

The strategic factor for economic growth of the Russian regions is the activation of innovative processes. The problem of increasing innovative activity has been particularly acute in recent years due to the unfolding crisis and extended restrictions on the budget expenditures. The goal of this article consists in the analysis of indicators of innovative activity, and assessment of the impact of budget investments in fixed capital upon the indicators of innovative process in the Central Black Earth Region. The analysis employs the available statistical data on financing of investment processes and results of innovative activity in the Russian Federation, Central Federal District, and Central Black Earth Region. The research relies on the system approach, economic-statistical, logical and expert methods of analysis. The conducted analysis reveals the insufficient level of innovative development in all six zones of the Central Black Earth Region. The innovative processes in the Central Black Earth Region are characterized by low output of innovative products and investment in research and development. The dynamics of innovative processes in the region is of differential nature. There are substantial interregional differences in the indicator values of the expenditures for research and development, and innovation activity, as well as the volatility of indicators of production of innovative goods and services. The clear outsider in the Central Black Earth Region in the Oryol Oblast. The author formulates recommendations that can be used by the authorities of the constituent entities of the Russian Federation in elaboration of state support measures for innovative activity in the Central Black Earth Region aimed at acceleration of their economic development.

scholarly journals The impact of administrative prejudice upon the content of penal prohibition

2021 ◽  
pp. 99-115
Author(s):  
Sergei Gennadevich Losev ◽  
Viktor Ivanovich Morozov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Constitutional Court ◽  
Criminal Record ◽  
Special Part ◽  
The Subject ◽  
General Part ◽  
The Russian Federation ◽  
The Impact

The object of this research is the legal relations arising in the context of implementation of the norms of criminal law of the Russian Federation that establish liability for repeated administrative offenses. The subject of this research is the practice of application the criminal law norms of the Soviet and post-Soviet periods that regulate the institution of administrative prejudice, and acts of interpretation of the Russian Constitution, in which the Supreme Constitutional Court of the Russian Federation deals with the problems of the use of separate articles of the Criminal Code of the Russian Federation that contain the norms with administrative prejudice, and parts of interrelation between the institutions of administrative prejudice and recurrence of offenses. The subject of this research is also justification of existence the institution of administrative prejudice in the national criminal law, main flaws in interpretation of the articles that describe the norms of the institution of administrative prejudice in the text of the Criminal Code of the Russian Federation. Taking into consideration all shortcomings in interpretation of the articles of the Criminal Code of the Russian Federation, the author offers unified definition of the composition with administrative prejudice. It is suggested to reintroduce the concept of recurrent offense in the General Part of the Criminal Code of the Russian Federation, taking into account the fact of administrative liability, outstanding criminal record, or criminal record that has not been expunged. The case if the legislator deems it necessary to take into account not identical, but homogeneous recurrence should be stipulated in the note to the article of the Special Part. The author also offers to include the Article 16.1 into the General Part of the Criminal Code of the Russian Federation in the following wording: “The repeated offense is considered an act committed by a person who has previously been subjected to administrative penalty for similar type of offense, unless stipulated otherwise in the corresponding articles of the Special Part of the effective Code”.

scholarly journals New Sub-Sector of Criminal Law?

2017 ◽  
Vol 4 (3) ◽  
pp. 124-133
Author(s):  
A I Rarog
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Native Speaker ◽  
Criminal Code ◽  
Medical Services ◽  
The Russian Federation ◽  
Fundamental Values ◽  
Protection Of Life

The damage to life and health of people, as well as a threat to these fundamental values represent a serious danger to the totality of social relations because a person is a native speaker and participant. Criminal law protection of life and health is the goal of many of the norms dispersed in various chapters of the Criminal code of the Russian Federation. Among them are the following rules, which establishes liability for causing or creating threat of harm to the life or health of people when they receive medical services. The danger of such acts is determined not only by the value protected by criminal law, personal benefits, but also the emergency of their prevalence, because of the provision of medical care throughout life is forced to turn almost everyone.

On the Issue of Responsibility for Money or Other Property Laundering

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Алена Харламова ◽  
Alena Kharlamova
Keyword(s):  
Money Laundering ◽  
Russian Federation ◽  
Criminal Law ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Judicial Decisions ◽  
The Russian Federation ◽  
The Impact ◽  
The Relationship ◽  
Crime Classification

The article deals with the essence of legalization (laundering) of money or other property acquired through commission of crimes. The author analyzes the existing language of the object of legalization in the Russian criminal law, including their contents and the relationship inter se and with other categories, the impact of the legislator’s concepts on criminal and legal assessment of socially dangerous acts. The author focuses on the changes to the Criminal Code of the Russian Federation introduced in connection with tightening of measures on anti-money laundering, and their implications for the application of criminal law institutions. On the basis of the study of specific judicial decisions and preliminary investigation files the author explores controversial questions of crime classification envisaged by Art. 174 and 1741 of the Criminal Code of the Russian Federation.

scholarly journals Causal link in iatrogenic crimes: problems of correlation of the categories of causality in forensic examination and Russian criminal law

2020 ◽  
pp. 27-51
Author(s):  
Kirill Alekseevich Berchanskiy
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Causal Link ◽  
Medical Examination ◽  
Legal Norms ◽  
Forensic Practice ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the Russian case law of conducting legal proceedings against the representatives of medical sphere based on the constituent elements of crime established by the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper discharge of professional duties. The subject of this research also includes legal norms that regulate the procedure of forensic medical examination in the Russian Federation, norms of medical legislation, as well as corresponding provisions of the Criminal Code of the Russian Federation. The object of this research is the social relations emerging in the event of causing death due to improper provision of medical care, conduct of forensic medical examination, as well as consideration of such cases by the courts. The scientific novelty consists in comprehensive approach towards its implementation that would include the analysis of relevant practice of Russian courts on iatrogenic crimes. As a result of this research, the author outlines the key problems faced by the Russian courts in assessment of causal link in iatrogenic crimes, first and foremost committed by medical negligence. The detailed analysis of legal norms that regulate the procedure forensic medical examination allowed determining the possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in judicial practice. Based on the historical method of interpretation, the author detected the presence and origins of fundamental contradictions in the relevant legislation. The comparative-analytical method applied to the Russian criminal and forensic legislation allowed identifying the key issued that currently impede the efficient and just consideration of iatrogenic cases; the solution approach depending on priorities of the government in criminal law policy is proposed.

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