Influence of System of Rules of International Law on Criminal Legislation of the Russian Federation: Issues of Theory and Practice

2015 ◽  
Vol 115 (10) ◽  
pp. 78-86
Author(s):  
Nikolay Kosevich ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Theory And Practice ◽  
The Russian Federation ◽  
Criminal Legislation

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

scholarly journals CRIMINAL LIABILITY FOR HUMANITARIAN CRIMES IN INTERNATIONAL LAW AND ITS REFLECTION IN RUSSIAN NATIONAL LEGISLATION

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 190-196
Author(s):  
V. A. Bugaev ◽  
A. V. Chaika
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Criminal Liability ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Legislation ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation ◽  
The Relationship

The article discusses the problems of the relationship between international law in general and, in particular, international humanitarian law and the criminal legislation of the Russian Federation in determining responsibility for international humanitarian crimes. The analysis of the emergence of international humanitarian law, its fundamental principles and their reflection in the law of Russia and the Russian Federation.

scholarly journals Various Approaches to Assessing the Methods of Stealing Cashless Money in the Modern Information Society

2020 ◽  
Vol 14 (4) ◽  
pp. 601-612
Author(s):  
Maria Tretiak ◽  
Liliya Ryabova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Information Environment ◽  
Theory And Practice ◽  
Modern Theory ◽  
New Approach ◽  
The Russian Federation ◽  
Modern Information ◽  
Criminal Legislation

A wide spread of various illegal methods of stealing cashless funds using modern information technologies makes it necessary to search for more advanced approaches to assessing such actions. Specialists examine different approaches to determining methods of theft in the information environment and analyze the opinions of scholars presented in the doctrine of criminal law, as well as legislative and court statutes adopted during the whole period that the Criminal Code of the Russian Federation has been in force (from 1997 to 2020). The authors of the article pay special attention to the approaches of assessing the widespread methods of stealing cashless money in the theory, legislative sphere and practice. It is noted that current criminal legislation reflects a new approach to assessing theft in the information environment, developed on the basis of modern theory and practice. The authors point out that in modern criminal law theory there are three main trends in assessing the methods of stealing cashless money in the information environment. They are: criminalization of the new form of theft, new types of crimes in Ch. 21 or 28 of the Criminal Code of the Russian Federation; viewing this theft as a variety of traditional forms of theft and other acquisitive crimes against property; application of the existing norms of traditional crimes in Ch. 21 and 28 of the CC of the RF. The authors also note that in the period following the adoption of criminal legislation, the illegal acquisition of cashless funds in the information environment has been assessed differently: as a type of traditional theft by deceit in the form of fraud; as separate types of fraud depending on the method; as separate types of fraud depending on the method and theft. The authors conduct a detailed analysis of the contents of new criminal law norms and the developed theoretical (court) statutes, identify their positive and negative features, and present their own understanding of the effectiveness of the new approach to assessing online theft of cashless money incorporated in current criminal legislation.

Cybersecurity and Its Maintenance in the Russian Federation

2021 ◽  
pp. 104-109
Author(s):  
Anatoly Yu. Olimpiev ◽  
◽  
Irina A. Strelnikova ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Russian Federation ◽  
The State ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Legal Literature ◽  
Level Of Economic Development ◽  
The Russian Federation ◽  
Criminal Legislation

The problematic issues of ensuring cybersecurity in the Russian Federation are investigated in the article. Based on the analysis of legal literature and normative legal acts on crimes in the field of computer information in the criminal legislation of the Russian Federation and countering them, several judgments are made. The state of crime in the field of computer information is largely determined by the level of economic development of any state, including the Russian Federation as a subject of international law. Computer information, as social interaction, is protected by the criminal legislation of the Russian Federation. Counteraction in the field of computer information involves the formation of special units in a number of law enforcement agencies (first of all, in the state security bodies and in the internal affairs bodies) staffed with employees with additional competencies in the field of computer technology.

scholarly journals Suppression of Crimes Against the Security of Fixed Platforms Located in the Waters of the Russian Federation (International Law Basis)

2020 ◽  
Vol 14 (2) ◽  
pp. 313-326
Author(s):  
Alexander Vylegzhanin ◽  
Sergey Lobanov ◽  
Alexandra Skuratova
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Russian Federation ◽  
Water Body ◽  
Criminal Code ◽  
The State ◽  
Criminal Jurisdiction ◽  
The Russian Federation ◽  
Business Entities ◽  
Criminal Legislation

The Russian state exercises sovereignty over its waters and has exclusive criminal jurisdiction with respect to crimes infringing on the security of oil, research or other stationary platforms in these waters, although their status may differ, for example, Lake Baikal; part of a continental water body (the Caspian Sea); marine internal waters (the Peter the Great Gulf); the territorial sea of the Russian Federation. Despite certain differences in status, all these waters are united by being part of the Russian territory. They differ from the waters that are not part of the territory of the state, but are above the continental shelf of the Russian Federation; these are the waters of the exclusive economic zone of the Russian Federation, and the open sea waters start beyond the 200-mile distance from the baseline. Even in the latter case, since a platform is stationary on the continental shelf of the Russian Federation, it is within the exclusive criminal jurisdiction of the Russian Federation. Counteraction to crimes infringing of the security of platforms fixed to the seabed includes a wide range of legal and organizational-legal measures. Besides, an important part is played by the special norms of international and national laws, including the criminal legislation of the state that has jurisdiction over the water body where a fixed platform is located. This article presents suggestions on improving Russian criminal legislation taking into account Russia's participation in the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 1988, other applicable norms of international law, the necessity to observe international law obligations and protect the national interests of the country. The authors suggest that unlawful acts of seizing a fixed platform or other violent actions infringing on the security of this object, the security of personnel operating it, aimed at forcing a state or an organization which is legally operating this object to perform or abstain form certain actions, and resulting in the intimidation of the population should be specifically included in the national criminal law as a separate type of terrorism crimes. The authors also recommend to add the norms on criminal liability for other unlawful, criminally punishable acts (which are not acts of terrorism and do not have the features of terrorism), including the attempts of illegal entry into a fixed platform or hindering its operation, to Chapter 24 of the Criminal Code of the Russian Federation «Crimes against Public Safety» as a separate Article of the Criminal Code of the Russian Federation among the norms regarding crimes that violate the security of the functioning of potentially dangerous objects (potentially dangerous operations). They recommend to use the most successful international legal experience to improve corporate acts within the framework of Russian legislation through the content specification of the scope and type of rights and obligations of business entities, including the relationships of the fixed platforms personnel with the law enforcement bodies with the purpose of a more effective inclusion of business entities in the system of measures of preventing and suppressing illegal interference in the functioning of fixed platforms in the Russian waters.

COMPARATIVE LEGAL ANALYSIS OF THE BREACH OF DUTIES OF THE JUVENILE PERSON UPBRINGING IN THE CRIMINAL LAW SYSTEMS OF RUSSIA AND INDIVIDUAL FOREIGN COUNTRIES

2020 ◽  
Vol 10 (6) ◽  
pp. 159-167
Author(s):  
SVETLANA POMNINA ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Holistic View ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

Objectives: Particular issues of comparative analysis of the liability regulation for the breach of duties of the juvenile person upbringing in the criminal law systems of Russia and foreign countries are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norms specified in the Article 156 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: Comparative legal study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of personal actions that consists in breach of duties of the juvenile person upbringing under the Russian criminal code. This reason demands a competent scientific and legal assessment upon the experience of their legal regulation in the norms of foreign criminal law. Conducted comparative analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility for committing a crime under article 156 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Within the framework of this article, a change of the norm wording of the Article 156 of the Criminal Code of the Russian Federation would be justified by the need to implement the particular provisions of the criminal legislation of individual foreign countries. Therefore, this action will help to increase the effectiveness of its application. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.

scholarly journals Administrative Restraint Measures Applied by Employees of the Penal System of the Russian Federation in Connection with the Commission of an Administrative Offense

2021 ◽  
Vol 15 (3) ◽  
pp. 650-658
Author(s):  
Sergei A. Starostin ◽  
Nadezhda V. Aniskina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
Physical Force ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation ◽  
The Impact

Introduction: the article considers the theory and practice of applying administrative restraint measures implemented by employees of the penal system of the Russian Federation in case of the commission of an administrative offense. We substantiate an idea concerning the impact of the effectiveness of the use of administrative coercion measures by employees of the penal system not only on the overall level of penitentiary security, but also on state security in general. Aim: to reveal the specifics of application of administrative restraint measures in the penal system, taking into account the specifics of the law enforcement sphere. Methods: our research is based on the dialectical method of scientific cognition. The article uses general scientific (analysis, synthesis, induction, etc.), specific scientific and special methods of cognition (comparative legal, formal legal, statistical). Results: we reveal the essence of application of administrative restraint measures in the penal system; we study the practice of implementing the norms concerning the use of administrative restraint measures by employees of the penal system; we reveal the features of their application, taking into account the specifics of the sphere of law enforcement sphere, such as focusing on ensuring penitentiary security, preventing administrative offenses and crimes, application on the territory of penitentiary institutions in most cases, etc. We find out that the legal basis for the application of administrative restraint measures in the penal system of the Russian Federation needs to be improved. Conclusions: in order to increase the effectiveness of the practice of implementing administrative enforcement measures in the penal system, we formulate proposals to improve the norms of the current legislation: namely, Section V of the Law of the Russian Federation of July 21, 993 no. 5473-1 should contain definitions of the terms “use of physical force”, “use of special means”; the terms such as application and use of firearms should be distinguished; the wording “provision of medical first aid” should be replaced with “immediate provision of premedical aid to victims”. We also present arguments in favor of the expediency of supplementing Federal Law 197-FZ of July 19, 2018 “About the service in the Penal System of the Russian Federation...” with a provision that assigns to the employees of the penal system the duty to comply with the norms of criminal legislation (on necessary defense, extreme necessity and other circumstances excluding the criminality of the act) in cases of the implementation of administrative restraint measures.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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