scholarly journals DEFINITION OF MASS RIOTS IN RUSSIAN CRIMINAL LAWS

2020 ◽  
pp. 32-41
Author(s):  
Sergey A. Eliseev ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Single Person ◽  
Generic Term ◽  
Russian Federa Tion ◽  
The Russian Federation ◽  
Criminal Protection ◽  
Definition Of ◽  
Objective Aspect

The chapter 24 of the Criminal Code of the Russian Federation is devoted to crimes against public security. Articles of this chapter represent enough effectual instruments of criminal protection of public interests and protection of a person as well. However, studying of some articles of the chapter 24 of the Criminal Code and practice of its applying show the necessity to improve prohibitions, provided by it. For example, article 212 of the Criminal Code of the Russian Federation, despite verbalism, doesn’t give a strict idea on content of the subject of crime, provided by it. Literal interpreta-tion of the expression “mass disorder, leading with violence, demolition and arson…” allows to confirm, that subject of crime of mass disorder supposes such elements as mass disorder, violence and other actions, provided by p.1 art.212 of the Criminal Code of the Russian Federa-tion, which are followed by mass disorder, completed by them, committed simultaneously. Part 3 of the article 212 of the Criminal Code of the Russian Federation gives the same idea, it provides punishment not only for riotous statements in mass disorder or participation in it, but for calls to violence. But what we should refer to mass disorder, which is a part of objective aspect of a crime along with riotous behavior of a crowd (violence use, arsons, demolition and so on), is anyone’s guess. However, the title of the article, its purpose, content of criminal prohibition suggest that objective aspect of crime “mass disorder” includes one systematic element, which is committing demolition, arsons, violence use towards citizens by a great number of people (by a crowd). It makes sense to improve text of the article 212 of the Criminal Code of the Russian Federation. Within the meaning of crime mentioned in it, emphasis should be turned to aggressive actions of a crowd, because they form public danger of this action. Exactly these actions (violence use , arsons, demolition and so on) are caused damages to public relations, which provide security of life, health, property of a single person or a number of people, activity of state authority and government, functioning of organizations and enterprises. To define the notion of mass disorder it is enough to point out the essence of this action in the Criminal Code of the Russian Federation – the committing of some public dangerous actions by participants of the crowd. It is necessary to eliminate ineffectual stylistically and semantic expression “mass disorder, accompanying …” from the definition. Instead of it we should use a formula: “mass disorder - violence use towards a person, arsons, demolition and damage of property”. It is necessary to abandon repetitions in description of the objective aspect of mass disorder. It is obvious, that the notion “use of weapon” has a lot in common with the notion “provision of armed resistance to public authority” (it is generic term towards the latter); calling to violence towards citizens in context of the article 212 of the Criminal Code of the Russian Federation represent itself call to mass disorder.

Cybercrimes against Property and Problems of Qualification and Correspondence of Actions Prohibited by Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation (on the Example of a Particular Judicial Decision)

2020 ◽  
Vol 4 ◽  
pp. 82-93
Author(s):  
Y. O. Kuchina ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Judicial Decision ◽  
Judicial Practice ◽  
Digital Development ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The interest in digital development and the specifics of its legal regulation does not practically affect the problems of applying the provisions of Chapter 28 of the Criminal Code of the Russian Federation and the qualifications of acts falling under the definition of «cybercrimes against property» and Art. 272 and Art. 273 in particular. Analyzing a judicial decision, the author on a practical example reveals the main qualification problems that currently exist in the judicial practice. The author states that the outdated and overly detailed definition «computer information» which is given in the note to Art. 272 of the Criminal Code, leads to the fact that the rules of law, in which this term is included, are applied erroneously. Considering how the perception of the meaning of dispositions of Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation, in cases of committing a crime in a virtual dimension, the author reveals the interdependence of the technical component of the subject of the crime and the place of its commission with the legal regulation of protected public relations and their external perception by the law enforcer. The article offers recommendations on the maximum elimination of possible errors in qualifications and shows on specific examples which particular signs and elements in the mechanism of a specific act affect the formation of erroneous law enforcement practice.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

scholarly journals Theoretical analysis of legislative definition of the regime in correctional institutions: problems and ways to solve them

2021 ◽  
Vol 7 (1) ◽  
pp. 70-75
Author(s):  
V. E. Juzhanin ◽  
D. V. Gorban'
Keyword(s):  
Theoretical Model ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Penal System ◽  
Correctional Institutions ◽  
Scientific Thought ◽  
General Part ◽  
The Russian Federation ◽  
Definition Of

The article provides a theoretical analysis of Part 1 of Article 82 of the Criminal Code of the Russian Federation, which defines the regime in correctional institutions of the Russian penal system. It is noted that this definition does not correspond to the achievements of modern penitentiary scientific thought about the regime. In particular, it is emphasized that the regime cannot provide conditions for serving a sentence, since it includes these conditions. Also, the regime cannot ensure the protection of convicts, supervision over them and separate maintenance of different categories of convicts, since, on the contrary, the latter are the means of ensuring the regime. According to the authors of the article, the legislator incorrectly uses the phrase regime of detention of convicts, meaning regime of serving a sentence, since they are different legal phenomena. It is noted that the most optimal definition of the regime is presented in the theoretical model of the general part of the new Criminal Code of the Russian Federation, prepared by a group of authors, but the authors also subjected this definition to some adjustments.

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 Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

Distinctive Features of the Object of Smuggling of Strategically Important Goods and Resources

2021 ◽  
pp. 225-230
Author(s):  
Vladislava K. Zaigraeva ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Public Security ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Union

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals CONSTITUTIVE EVALUATIVE CONCEPTS IN CRIMINAL LAW: CONCEPT, TYPES, FUNCTIONS, ESSENTIAL FEATURES

2021 ◽  
Vol 31 (3) ◽  
pp. 450-458
Author(s):  
D.R. Kasimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Structural Features ◽  
Criminal Code ◽  
New Classification ◽  
Functional Features ◽  
The Russian Federation ◽  
Definition Of ◽  
Cognitive Meaning

The article provides a new classification of evaluative concepts enshrined in the Criminal Code of the Russian Federation, indicates the purpose of its existence in the doctrine of criminal law. The article describes the definition of constitutive evaluative concepts that are determined as legislatively vague evaluative concepts that, by their normative-essential and functionally-substantive characteristics, are absolute, necessarily alternative, or accompanying structural features of a crime. Through the prism of the features of constitutive evaluative concepts, their varieties, essential features and functions are distinguished; interpretation (including cognitive) meaning is revealed. Moreover, the interpretation features of these evaluative concepts are considered in two interdependent aspects: the structurally-essential (associated with the types, attributes and functions of constitutive evaluative concepts) and the procedural-substantive (associated with the informative and informative activities of the interpreter). It is indicated that the interpretation features of an structurally-essential nature are, firstly, in the composition and criminogenic properties of constitutive evaluative concepts, and secondly, in the semantic structural composition, indicating a meaningful dependence of the evaluative concept on the accompanying structural features of a crime, and thirdly, legally significant functional features. At the same time, interpretative features of a procedural-substantive order are also highlighted, which include, firstly, the need for a paramount definition of the criminogenic determinant, designed to establish the structural features of a crime in a perfect act, and secondly, in an increased degree of normative casuistic derivative of these evaluative concepts. The author comes to the conclusion that constitutive evaluative concepts are interpreted according to the same logical-linguistic and legal laws, but with some marked structurally meaningful features.

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