scholarly journals Reasons for the Existence of “Dead Norms” in the Criminal Code of the Russian Federation

2021 ◽  
pp. 037-044
Author(s):  
A. V. Kursaev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Negative Results ◽  
The Russian Federation

The relevance of the article lies in the presence of problematic issues related to the socio-legal assessment of the existence of legal prohibitions in law, which are rarely applied in practice. The author analyzes the reasons for the presence of “dead norms” in the Criminal Code of the Russian Federation. The negative results of criminalization that lead to the emergence of “dead norms” in criminal law are considered. The content of objective factors that lead to the existence of “dead norms” is revealed. Due to the complexity and ambiguity of determining the reasons for the existence of “dead norms”, special attention is paid to measures to improve their enforcement effectiveness.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals Receipt of illegal remuneration by an ex-officer: law, theory, practice

2021 ◽  
Vol 7 (2) ◽  
pp. 57-62
Author(s):  
A. V. Ivanchin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Current Version ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law

The article deals with the issues of criminal-legal assessment of situations when an official for a specified remuneration performs the necessary actions (inaction) in the service, and the remuneration itself is received after the loss of the officials status (deferred bribe). The author criticizes the established judicial practice of qualifying such cases as the final receipt and giving of a bribe, since it directly violates the provisions of Articles 3, 8, 29, 290, 291 of the Criminal Code of the Russian Federation. If the recipient of the remuneration is not an official, then his act cant be qualified as a completed bribe-taking by an official by virtue of the law. The article proves that the only correct variant of the criminal-legal assessment of the offense in such cases is the imputation for the ex-official the preparation for receiving a bribe under Article 290 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. Equally, in the actions of the bribe-giver in the analyzed situation from the standpoint of the current version of the criminal law, the author sees only a conspiracy with an official to give-receive a bribe, that is, preparation for giving a bribe, qualified under Article 291 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. In conclusion, it is stated that the Criminal Code of the Russian Federation has an obvious gap in investigated part, which requires elimination by amending the criminal law (after a thorough and balanced discussion of their draft).

CRIMINALLY-LEGAL CHARACTERISTIC BRIBERY AND COMERCIAL BRIBERY

2020 ◽  
Author(s):  
Rafael' Babaev ◽  
Emin Babaev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Literary Sources ◽  
Commercial Bribery ◽  
The Russian Federation ◽  
Definition Of

The article is based on legislative acts and literary sources on the problems of corruption activity and provides a criminal-legal characteristic and social-legal assessment of bribery and commercial bribery. The author points out the shortcomings of the criminal law norms regulating bribery and commercial bribery under the current criminal code of the Russian Federation. The author’s definition of the concept criminal-legal characteristics of receiving a bribe and commercial bribery is given.

scholarly journals TOPICAL PROBLEMS OF QUALIFICATION OF CRIME, PROVIDING RESPONSIBILITY FOR INDECENT ASSAULT (ARTICLE 135 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION), AND MEASURES TO IMPROVE THE CRIMINAL STRUCTURE

2020 ◽  
Vol 30 (2) ◽  
pp. 264-270
Author(s):  
N.G. Kalugina ◽  
A.A. Shutova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
Illegal Activity ◽  
Legal Assessment ◽  
General Law ◽  
The Russian Federation

In this article, the various issues of legal assessment of the offence, which provides for liability for indecent acts against teenagers who have not reached the age of sixteen, are to be studied. In addition, the article considers problems arising in the process of qualification of the act, including those related to the determination of the ways of committing indecent acts, the age characteristics of the victim of the crime, as well as the understanding of the characteristic of the personality of the perpetrator. In addition to these issues arising in law enforcement, in our view, it is necessary to improve the criminal law norm. It is proposed to make some changes to the elements of the offence provided for in articles 135 of the Criminal Code of the Russian Federation, thus facilitating the process of qualification of the act and, in general, law enforcement activities. It also seems necessary for us to establish such a form of illegal activity as a criminal offence under article 134 of the Criminal Code of the Russian Federation, as commission of other acts of a sexual nature with the victims in the event of mutual consent.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

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 THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

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