scholarly journals Controversial Aspects of Criminal Law Qualification in Drug Smuggling in Russia

2021 ◽  
pp. 027-036
Author(s):  
M. A. Zheludkov ◽  
◽  
S. O. Slobin ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Drug Smuggling ◽  
Theoretical Comparison ◽  
The Russian Federation ◽  
Points Of View ◽  
In Transit ◽  
Narcotic Drugs

The article examines controversial issues arising in the criminal legal qualification of drug smuggling in transit across the territory of the Russian Federation by a foreign citizen. The research interest in such crimes is determined not only by the theoretical comparison of the points of view of the investigation (the prosecution) and the defense on its legal qualification, but also by the legal point of how law enforcement practice bypassed the existing gap (contradiction) in Russian and international legislation in determining the territory of the commission of this crime. In this article, we will try to find out what rules of law are applied in legal force in transit trafficking in narcotic drugs, how to organize legal regulation of such situations, in order to prevent them, while respecting the principle of responsibility for a crime under the law of the place of its commission.

Some Questions of Parole in the Criminal Law of the Russian Federation

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 337-350
Author(s):  
Ildar A Tarhanov ◽  
Ramil R. Gayfutdinov ◽  
Karimov M. Karimov ◽  
Ilnur A. Muzafarov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
The Social ◽  
The Supreme Court ◽  
Standard Text ◽  
The Russian Federation ◽  
Points Of View

The article examined fundamental issues of parole in the criminal law of the Russian Federation and, at the same time, aspects of the negative deloscope impact on the identity of the inso, from various points of view on the "social elevators" programme. All these social problems cause a low level of voluntary softening of the damage caused to the victim. During the analysis, we found that the legislature did not formulate well the model that it behaves encouraging to compensate for the damage caused, as set out in the standard text. An indication of the possibility of using incentives in the event of damages the possibility of an ambiguous interpretation of the standard text, leading to difficulties in law enforcement. In the conclusions, we express our position on the need for legal regulation other than this issue. Particular attention was paid to the victim's role in determining the amount of damage. The input of the article focused on discussing various approaches to this issue and establishing the need to clarify the criminal legal status of the victim at the level of the plenary session of the Supreme Court of the Russian Federation.

Constitutional bases of the procedure for the formation and activity of representative bodies in the Russian Federation

2021 ◽  
Author(s):  
Mariya Varlen ◽  
Konstantin Mazurevskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Scientific Research ◽  
Representative Democracy ◽  
Controversial Issues ◽  
Scientific Analysis ◽  
Postgraduate Studies ◽  
The Russian Federation ◽  
Points Of View

The textbook provides an in-depth comprehensive scientific analysis of the legal status of representative bodies at the federal, regional, and municipal levels, taking into account the results of the ongoing reform of constitutional legislation and law enforcement practice, various points of view on controversial issues. Special attention is paid to the problems of the implementation of the powers and the procedure for the formation of representative bodies; the legal status of a deputy of a representative body is studied in detail, the forms of activity of deputies are characterized. For students of master's and postgraduate studies in the field of "Jurisprudence". It can be useful for undergraduate and specialist students, as well as for studying the problems of representative democracy and conducting relevant theoretical and applied scientific research.

scholarly journals Implementation of conciliation procedures in socio-cultural and legal dimensions

2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik
Keyword(s):  
Law Enforcement ◽  
Objective Assessment ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Systematic Method ◽  
Legal Method ◽  
The Russian Federation ◽  
Dialectical Analysis ◽  
Rule Making

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.

scholarly journals The Criminological and Legal Aspects of Using the Deferral of Punishment

2020 ◽  
Vol 14 (6) ◽  
pp. 834-844
Author(s):  
Alexandr Kuznetsov ◽  
Roman Novikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
Socially Relevant ◽  
Chelyabinsk Region ◽  
Key Aspects ◽  
The Impact

The institute of the deferral of punishment is one of the steadily developing institutes of contemporary criminal law in the Russian Federation that reflects a trend for the humanization of punishment, the economy of repressive criminal law measures, and for widening the list of measures and sanctions alternative to punishment. The relevance of the key aspects of research presented in the article is connected with the fact that the evolution of the institute of deferral of punishment in the doctrine of criminal law gives rise to a number of discussions both about the legal nature of this institute, its role and place among other criminal law measures, and the specific features of its application in the practice of law enforcement. Deferral of punishment is a socially relevant institute in Russian criminal law aimed at the correction of convicts without severing their socially relevant links. The impact of the requirements of international legislation on reducing the number of persons isolated from society and a wide use of alternative punishments in Russia have lead to a wider application of the deferral of punishment. The authors analyze specific aspects of the legal regulation of the deferral of punishment, study the criminologically relevant characteristics of persons to whom this criminal law measure is applied, as well as the law enforcement practice of appointing and enforcing the deferral of punishment. They present the results of surveying 250 convicts, and also of interviewing 300 employees of the penitentiary system, who ensure compliance with the requirements of law on the deferral of punishment in a number of regions of the Russian Federation, such as the Udmurt Republic, the Bashkortostan Republic, Kurgan Region, Kirov Region, Sverdlovsk Region, Chelyabinsk Region and Perm Region. The research also includes the analysis of departmental and court statistics, federal legislation and departmental normative acts. The conducted research allowed the authors to present their suggestions on improving the current legislation of the Russian Federation that regulates the penitentiary sphere.

scholarly journals Mechanism of legal regulation and criminal legal impact: the ratio of doctrinal and practicaland implementation principles

2019 ◽  
Vol 15 (1) ◽  
pp. 7-14
Author(s):  
Vadim Avdeevich Avdeev ◽  
Olga Anatolievna Avdeeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Structural Elements ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Processes ◽  
Fundamental Direction ◽  
Scientific Rationale ◽  
Law Regulation

The subject of the research is the mechanism of criminal law regulation, taking into account international life implemented in the context of globalization and increasing the efficiency of the criminal law policy of the Russian Federation. The purpose of the study is to disclose the content, structural elements and stages of the mechanism of criminal law regulation. Attention focuses on the effectiveness of the mechanism of criminal law regulation, the methodological basis of which is formed by a combination of legal regulation on the basis of the doctrinal principles of law and practice and implementation activities. The main results of the research reflect the problems of implementation of the mechanism of criminal law regulation at the legislative and law enforcement levels. Conclusions are formulated regarding the structural elements and key stages of the implementation of the mechanism of criminal law regulation, including the scientific rationale for criminalization (decriminalization) and penalization (depenalization). Scientific and practical substantiation of criminal law policy and legislative processes, optimization of the implementation of criminal law are noted as a fundamental direction.

scholarly journals Criminal misdemeanor: assessment of embodiment forms and prospects of existence

2020 ◽  
Vol 14 (3) ◽  
pp. 343-348
Author(s):  
V.V. Kosterin ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Record ◽  
Controversial Issues ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Points Of View

Recently there has been a discussion in criminal law science about the inclusion in the criminal block of a new institution – a criminal misdemeanor – a wrongful act, in relation to which special, less strict rules for determining the amount of punishment are applied and, presumably, the concept of a criminal record does not apply. The article examines the prospects for introducing the category of “criminal misdemeanor” in the Criminal Code of the Russian Federation, provides an assessment and comments on the reform proposed by the Supreme Court of the Russian Federation, examines various scientific points of view on the institution and approaches to formulating the definition, predicts the main directions of development of the new institution. The most controversial issues of a possible reform are: 1) the concept and place of a criminal misdemeanor (as an independent tort or a subtype of minor crimes); 2) the method of consolidation (in the form of a chapter of the criminal code or an independent code of criminal misdemeanors); 3) types of punishment (fine, correctional labor, arrest); 4) the occurrence of a criminal record (conditions, terms, duration); 5) ways of securing new punishments (in the form of independent articles of the criminal code or additional wording of existing articles, indicating a smaller amount of punishment if applied to a person who has committed a criminal misdemeanor).

scholarly journals Criminal legal regulation of the blockchain functioning sphere in Russia: challenges and barriers

2021 ◽  
Vol 108 ◽  
pp. 02014
Author(s):  
Sona Martirosovna Mkrtchian
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Study Objective ◽  
Russian Scientific ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Russian Federation ◽  
Law Regulation

Research background. Despite the enormous attention of the scientific community, legislators, and law enforcement officials to the development and implementation of measures to combat cybercrime, the sphere of blockchain functioning and cryptocurrency circulation remains outside the scope of most criminal law research. This causes perplexity in the context of the desire of state bodies to introduce blockchain technology in many significant areas of society, as well as to introduce a regulatory framework dedicated to the issues of private and public legal regulation of digital financial assets. Concerns are also caused by the increase in the number of cybercrimes and the increasing involvement in them of the blockchain technology and virtual currencies, the circulation of which is carried out based on blockchain. The need to study the prospects for criminal law regulation of the blockchain functioning spheres in the territory of the Russian Federation becomes more and more obvious in such conditions. Study objective: to identify and to study the main challenges (problems) for modern criminal law regulation of the blockchain functioning sphere, possible barriers (obstacles) that reduce the effectiveness of such regulation, as well as potential directions for responding to these challenges and overcoming such barriers. Methods: formal legal and comparative legal research methods are widely used in conjunction with systemic, logical, and philological methods of interpreting the norms of law. The empirical part of the study is based on the investigation of judicial and other law enforcement practices, as well as transcripts of meetings of the State Duma of the Russian Federation and information from the media about criminal offenses that have become widespread in the sphere of blockchain functioning. The analysis of modern foreign and Russian scientific literature relevant to the selected research topic is carried out. Results and novelty: it is the first time that comprehensive analysis of the challenges of the current stage of the blockchain functioning sphere development, as well as legislative, law enforcement, doctrinal, and social barriers for creating a system of effective and comprehensive criminal law regulation of the named sphere, is carried out. The author’s concept of the directions of responding to the analyzed challenges and overcoming the corresponding barriers is presented.

TO THE QUESTION OF RESPONSIBILITY FOR TRAINING FOR THE PURPOSE OF IMPLEMENTING TERRORIST ACTIVITIES IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 84-87
Author(s):  
HALIMAT AKKAEVA ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Urgent Problem ◽  
Counter Terrorism ◽  
The World ◽  
The Russian Federation ◽  
Improvement Of Legislation ◽  
Constant Improvement

At present, terrorism is an urgent problem for most states of the world. In this regard, there is a constant improvement of legislation and law enforcement practice in the counter-terrorism sphere. The author analyzed the institution of responsibility for training in order to carry out terrorist activities in the Russian Federation. The article states that Russian criminal law has examined certain aspects of holding accountable for undergoing appropriate training. However, this legal regulation does not take into account the currentlevel of development of the criminal community. In this regard, author's proposals are formulated to consolidate the organization of training in order to carry out terrorist activities as an independent crime.

scholarly journals Crimes against peace and security of mankind (Chapter 34 of the Criminal Code of the Russian Federation): some problems of differentiating responsibility

2021 ◽  
Vol 7 (1) ◽  
pp. 109-114
Author(s):  
Yu. O. Goncharova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Controversial Issues ◽  
Illegal Behavior ◽  
Peace And Security ◽  
The Russian Federation

This article examines the problems of constructing norms on crimes against the peace and security of mankind (Chapter 34 of the Criminal Code of the Russian Federation), analyzes the controversial issues of regulating of the qualified behavior of the subjects of these attacks. It is obvious that in Russia the regulatory, including criminal law, instruments for countering crimes against the peace and security of mankind have not yet been finally formed and have not been properly tested in practice, the designs of the compositions do not always correspond to the needs of law enforcement practice and criminological foundations. The author focuses on the study of the gaps in the implementation of the normative differentiation of responsibility, the study of the features of consolidation of qualifying features in the articles of Chapter 34 of the Criminal Code of the Russian Federation. The article notes that the saturation of the qualifying signs of the investigated criminal law prohibitions is insufficient. Currently, only five articles (Articles 354, 354.1, 359, 360, 361) of this chapter contain qualified compositions. Obviously, during the formation of the investigated criminal law prohibitions in the mid-90s of the last century, the legislator did not pay due attention to their saturation with the necessary differentiating circumstances, taking into account the criminological content and the level of social danger of one or another illegal behavior that harms the peace and security of mankind. The article proposes a number of normative decisions to consolidate a number of qualifying circumstances in the norms of Chapter 34 of the Criminal Code of the Russian Federation, the content of the nature and level of social danger of individual encroachments is analyzed, the consideration of these circumstances in the construction of qualified corpus delicti is substantiated.

scholarly journals Subject of confiscation in little commercial bribery and little bribery

2021 ◽  
Vol 2021 (1) ◽  
pp. 121-125
Author(s):  
Galina Mironova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Basis ◽  
State Revenue ◽  
Legal Nature ◽  
Commercial Bribery ◽  
The Russian Federation

The analysis of the grounds for the confiscation of property allowed the author to identify a set of problems that have arisen as a result of the legislative separation of petty commercial bribery and petty bribery. Article 1041 of the Criminal Code of the Russian Federation gives no legal basis for seizure of property obtained as a result of petty commercial bribery or petty bribery. It leads to the deficiency of the means of criminal law enforcement and requires the use of other means, not restricted to only penal tools. For the confiscation of property, courts resort to the application of civil law norms regulating the invalidity of civil transactions. The author notes that as a result of this approach to the legal regulation of the confiscation of property and decisions taken by the courts, there is a confusion and substitution of the legal nature of the fact of a crime and the fact of a civil tort. In order to eliminate the revealed contradictions, the author proposes to amend the normative regulation of the grounds for the confiscation of property and to consider property received as a result of petty commercial bribery or petty bribery as obtained illegally and, accordingly, subject to seizure as state revenue.

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