scholarly journals Illegal Circulation of Amber, Jade or other Semi-Precious Stones, Precious Metals, Precious Stones or Pearls: Problems Determined by New Edition of Art. 191 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 16 (3) ◽  
pp. 97-109
Author(s):  
A. V. Chernov ◽  
S. V. Gabeev
Keyword(s):  
Russian Federation ◽  
Economic Value ◽  
Precious Metals ◽  
Criminal Code ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Precious Stones

Changes made to Art. 191 of the Criminal Code of the Russian Federation at the end of 2019 in order to eliminate gaps in legislation, in fact, created even more conflicts in the theory and practice of applying criminal and administrative law. The legislator has not fully calculated the risks of the new edition of Art. 191 of the Criminal Code of the Russian Federation. The elimination of these risks requires more changes to the federal legislation, the adoption of new by-laws. Within the framework of Art. 191 of the Criminal Code of the Russian Federation the legislator created a contradiction regarding the qualification of illegal circulation of unique amber formations. Russian legislation does not contain a legal definition of semi-precious stones, clarification of their difference from precious stones. The concept of precious stones does not prove to be successful, since it contains a list-based reference of a particular stone to the category of precious stones, which does not always really reflect the economic value of a particular mineral. The list of semi-precious stones at the level of the Government of Russia has yet to be approved. Taking into account the administrative prejudice as one of the conditions for criminal prosecution for illegal trafficking in semiprecious stones, it should be the same with the list of semi-precious stones established to bring an individual to administrative responsibility for similar offenses. The legislator did not pay attention to the issues of delimiting jewelry and household products and scrap of such products from the subject of crimes under Art. 191 of the Criminal Code of the Russian Federation. An even greater problem is the inconsistency between the norms of administrative and criminal legislation on liability for illegal trafficking in semi-precious stones.

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 Theft vs find: theoretical and practical issues

2021 ◽  
Vol 2021 (3) ◽  
pp. 121-130
Author(s):  
Nikolay Ryabinin ◽  
Kseniya Filipson
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Civil Code ◽  
Theory And Practice ◽  
Controversial Issues ◽  
Main Research ◽  
Legal Definition ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

The purpose of the study is to analyze the features of legal relations regulated by Art. 158 of the Criminal Code of the Russian Federation and Art. 227 of the Civil Code of the Russian Federation, as well as to identify and resolve the problems related to the proper legal definition of these relations. The main research methods are: structural-system, methods of logical analysis and synthesis, formallegal, comparative-legal, as well as collecting information through the study of scientific periodicals and materials of judicial practice on this issue. The article discusses in detail the features of the delimitation of relations arising in accordance with Art. 158 of the Criminal Code of the Russian Federation and Art. 227 of the Civil Code of the Russian Federation. The authors note that in the theory and practice of both criminal and civil law, one of the most controversial issues is the problem of differentiating a criminal offense under Art. 158 of the Criminal Code of the Russian Federation and acts that are not such (Article 227 of the Civil Code of the Russian Federation). So, to date, there is no consensus about the signs of differentiation of these compositions, and the criteria that have been developed at the present time are very vague and contradictory. Misinterpretation and application of norms when qualifying relations in accordance with Art. 158 of the Criminal Code of the Russian Federation and Art. 227 of the Civil Code of the Russian Federation does not allow citizens to protect effectively their rights and legitimate interests. Therefore, in order to prevent violations of civil rights, it is necessary to conduct a comprehensive scientific study of the features enabling to differentiate the above mentioned relations. Considerable attention is paid to the problem of appropriation of the found someone else’s property, when this property has identifying features. The authors define the types of property in the possession of the owner or any other type of legal owner, and also disclose the main characteristics of the specified property. In addition, the article formulates the authors’ definitions of such concepts as «finding» and «appropriation» of what was found. Based on the analysis of judicial and investigative practice, the authors propose the following recommendations for changing the legislation and the practice of its application in order to resolve controversial issues arising from the qualification of crimes against property. First, it is necessary to make clarifications in the resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 20 «On judicial practice in cases of theft, robbery and banditry» which property should be recognized as being in the possession of the owner or other legal owners and determine the characteristic features of such property ... Secondly, it is necessary to formulate and consolidate the legal definition of a find in the Civil Code of the Russian Federation. Thirdly, to return into Chapter 21 of the Criminal Code of the Russian Federation «Crime against property» the part «Appropriation of the found property».

scholarly journals On Improving Criminal Law Norms That Establish Liability for the Pollution of Marine Environment (Art. 252 of the Criminal Code of the Russian Federation)

2019 ◽  
Vol 13 (3) ◽  
pp. 489-497
Author(s):  
Viktor Gladkikh ◽  
Alla Konovalova ◽  
Ilya Mosechkin ◽  
Elena Redikultseva
Keyword(s):  
Human Health ◽  
Marine Environment ◽  
Russian Federation ◽  
Marine Pollution ◽  
Economic Value ◽  
Criminal Code ◽  
Mens Rea ◽  
Green Criminology ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to the problems of criminal-legal counteraction to marine pollution. The authors note (on the basis of modern statistical data) that Article 252 of the Criminal Code of the Russian Federation that establishes liability for the pollution of the marine environment is used very rarely, which is due, inter alia, to its design flaws. The methodological basis for the study was traditionally the dialectical method, while the collection and processing of scientifically significant results were carried out with the help of formal-legal, comparative-legal and statistical methods. The material of the study was the regulatory legal acts regulating liability for pollution of the marine environment, as well as materials of judicial practice, including foreign jurisprudence. The authors investigated modern positions on the definition of the nature of the object of encroachment for the pollution of the marine environment. The article also contains an analysis of the concept of «pollution», on the basis of which the authors came to the conclusion that it is not advisable to supplement this definition with such language constructs as «contamination of the marine environment» or «introduction of organisms into the marine environment», although this is suggested by some scholars. The authors give an assessment of the dependence of the public danger of an act on the form of mens rea, which raises the question of the need for detailed instructions regarding the form of mens rea in Art. 252 of the Criminal Code of Russian Federation. Qualification problems of the marine environment pollution with aggravating circumstances, related to determining the criteria for causing harm to human health, have been identified. The solution to these problems proposed by the authors is based on a rethinking of the role of the environment and its impact on human health by «green criminology». The result of the work is the definition of the object of encroachment on the marine environment that takes into account the economic value of the environment. In order to overcome these problems, the authors propose a new version of Art. 252 of the Criminal Code, specifically, provisions for the differentiation of responsibility depending on the form of guilt and expansion of the list of socially dangerous consequences, the onset of which is necessary for the imputation of a qualified crime.

scholarly journals Novelties of Criminal Laws on Circulation of Falsified Medical Products During a Pandemic

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 60-64
Author(s):  
Tatyana P. Derevyanskaya ◽  
◽  
Evgenia S. Ilikbaeva ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Well Being ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Clear Definition ◽  
Medical Products ◽  
Global Pandemic ◽  
The Russian Federation ◽  
Definition Of

The article analyzes the changes in Art. 2381 of the Criminal Code of the Russian Federation, adopted in the context of the global pandemic caused by the COVID-19 coronavirus. The timeliness of these changes is noted, in connection with restrictive and other measures aimed at ensuring the sanitary and epidemiological well-being of the population. The amendments made will allow solving the problems arising during the qualification of import for the purpose of marketing unregistered medical products to the territory of the Russian Federation. In the article, the authors rightly draw attention to the need to clarify such a concept as “marketing” of unregistered medical products. A clear definition of the concept of “sales” is necessary for the law enforcement officer, which in turn will help to avoid unjustified criminal prosecution.

scholarly journals Fraud: Theory and Practice of Qualification

2020 ◽  
Vol 15 (9) ◽  
pp. 59-66
Author(s):  
S. M. Kochoi
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Code ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Advisory Opinion ◽  
Scientific Advisory ◽  
The Russian Federation ◽  
Contractual Obligations

The paper continues a multi-year author’s research devoted to topical issues of application of norms of the Criminal Code of the Russian Federation on stealing other people’s property. On the basis of the analysis of a specific criminal case, on which the author drafted a scientific advisory opinion, the author describes the deficiencies of the qualification of fraud typical for enforcement practice. Attention is paid to the stereotypes of the prosecution authorities and courts in determining the amount of damage caused by stealing, as well as errors in applying criminal law competing rules containing different definitions of fraud. It is stated that two different in nature and degree of danger acts are factitiously unified in Part 5 of Article 159 of the Criminal Code of the Russian Federation, namely: a theft of other people’s property and deliberate failure to perform contractual commitments in the field of entrepreneurship. The author regrets that the legislator missed the opportunity to transfer to Chapter 22 of the Criminal Code of the Russian Federation the norm on crime in the field of economic activity—deliberate failure to perform contractual obligations in the field of business activity—that has caused damage (significant, large or particularly large) to interests protected by law. The author draws the conclusion on inadmissibility of substituting civil legal disputes by criminal prosecution.

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 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.

scholarly journals ISSUES OF THE QUALIFICATION OF A MURDER FOR THE PURPOSES OF USING VICTIM’S ORGANS OR TISSUES (CLAUSE М PART 2 ARTICLE 105 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 10 ◽  
pp. 46-51
Author(s):  
Andrey L. Ivanov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Human Organs ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article substantiates the solution of some of the issues of qualification of murder discussed in theory and practice in order to use human organs or tissues, the results of a study of judicial practice, in which clarifications of the Supreme Court of the Russian Federation on this topic were applied.

scholarly journals The Strategy of Spatial Development of Russia: modernity and the legacy of the Soviet Settlement Doctrine

2018 ◽  
Vol 212 ◽  
pp. 04003 ◽  
Author(s):  
Mark Meerovich
Keyword(s):  
Economic Development ◽  
Urban Planning ◽  
Russian Federation ◽  
Spatial Development ◽  
Theory And Practice ◽  
Planning Theory ◽  
Contemporary Theory ◽  
Territorial Planning ◽  
The Russian Federation ◽  
The Government

The article criticizes the strategy of spatial development of Russia, legally stated in the government document “The Strategy of Spatial Development of the Russian Federation for the period up to 2030. A Draft Concept”, released by the Ministry of Economic Development (2016). The author argues that the Strategy only states the existing situation, but does not enumerate a set of measures that are to be undertaken to strengthen the possibility of implementing any development scenario, and does not outline the ways of making assumptions a reality. The paper proves that the postulates of the Soviet settlement doctrine and urban planning theory still deeply impact the contemporary theory and practice of territorial planning.

PROBLEMS OF LEGAL REGULATION OF CRIMINAL RESPONSIBILITY FOR TRANSPORT SECURITY REQUIREMENTS VIOLATION

2018 ◽  
pp. 58-68
Author(s):  
L.Y. Larina
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Individual Characteristics ◽  
Security Requirements ◽  
The Russian Federation ◽  
The Government ◽  
Legislative Structure ◽  
The Individual

The study of the problems of legislative regulation of criminal responsibility for transport security requirements violation is due to the necessity to ensure it as part of national security. The purpose of the study is to identify the shortcomings of the legislative structure of article 263.1 of the Criminal Code of the Russian Federation, preventing its effective application in practice, and suggest ways to overcome them. In the research on the basis of comparison of the content of article 263.1 of the Criminal Code of the Russian Federation with the norms of the Federal Law “On transport security” and Decrees of the government of the Russian Federation analyzed some blank signs of transport security requirements violation. In the study we identify deficiencies of the legislative construction of article 263.1 of the Criminal Code of the Russian Federation, the necessity of its correction, and formulate proposals for changing the individual characteristics and the sanctions of article 263.1 of the Criminal Code of the Russian Federation. In particular we discuss the proposal to change the sanctions of part 1 of article 263.1 of the Criminal Code of the Russian Federation in connection with the inconsistency with the sanction of part 1 of article 118 of the Criminal Code of the Russian Federation. In addition, it is proposed to expand the range of subjects of crime under part 2 of article 263.1 of the Criminal Code of the Russian Federation.

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