scholarly journals Encouragement to Commit Suicide or Assisting with Suicide: Critical Analysis

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 151-159
Author(s):  
T. D. Ustinova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
The Russian Federation ◽  
A Minor ◽  
Criminal Legislation ◽  
Commit Suicide

Taking into account recent changes in criminal legislation, the paper critically analyzes the features of a newly introduced crime in the criminal code, such as encouraging to commit suicide or assisting with suicide (article 110.1). Special attention is given to the methods of encouraging and facilitating suicide in terms of their validity, accuracy, content and the need to list them in the criminal law. Examples of excessive detail in the formulation of certain criminogenic characteristics are given, which contradicts the principles of legal technique. These include features such as persuasions, suggestions, advice, instructions, information, and a promise to conceal the tools or means of committing suicide. The elements of these crimes are considered in detail from the point of view of their relevance and reflection of the degree of public danger of the committed acts. This statement refers to such characteristics of victims that aggravate criminal responsibility, such as the age of a minor, the state of pregnancy, financial or other dependence on the perpetrator. The author proposes solutions for the classification of disputable situations when the crimes in question are committed against minors, the insane, or persons suffering from mental disorders. The paper considers cases when the studied crimes may be committed by a criminal community, and lists options for the classification of what was done. Special attention is given to the classification of encouragement to commit a terrorist act by self-detonation. The issue of responsibility of a minor who encourages a minor to commit suicide or contributes to his / her suicide has been raised as a matter of discussion. Proposals are made to improve the disposition of the criminal law norm. The author expresses reproaches to the notes to article 110.2 of the Criminal Code of the Russian Federation, which provides exemption from criminal responsibility in the commission of the investigated crime, and proposes a new edition of notes, which must be placed after the text of article 110.1 of the Criminal Code of the Russian Federation, taking into account characteristics of the main and aggravated offenses.

scholarly journals Evolution of the Russian Criminal Legislation on Responsibility for Murder by Mother of her Newborn Child

Lex Russica ◽  
2019 ◽  
pp. 83-96
Author(s):  
V. B. Khatuev
Keyword(s):  
Retrospective Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Institution ◽  
Newborn Child ◽  
The Russian Federation ◽  
Criminal Legislation

Without knowledge of history, without a deep retrospective analysis of any legal institution it is impossible to imagine the ways for its further improvement. This is quite true of the institute of murder by mother of her newborn child. This paper attempts to investigate the evolution of criminal responsibility for the murder of a newborn child by the mother, to establish the attitude of the legislator to this type of crime at different stages of development of the Russian criminal legislation — from the time of Ancient Russia to the present. To this end, the main historical legislative acts on the regulation of criminal law against this act are analyzed.The problem of the considered type of murder is extremely relevant. In the Russian doctrine of criminal law there are two positions concerning Art. 106 of the Criminal Code of the Russian Federation providing the softened criminal responsibility for this crime. According to one of them, the article is relevant but it needs to be improved; according to the second point of view, it is subject to exclusion and the guilt of such a murder should be criminalized on general grounds for a classified murder. The author of the article speaks in favor of the latter point of view.

scholarly journals Doctrinal issues of criminal responsibility in Russian criminal law

2019 ◽  
pp. 128-135 ◽  
Author(s):  
E. N. Barkhatova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.

To the issue of legal liability for informational and mental iatrogenesis and their correlation

2019 ◽  
pp. 165-174
Author(s):  
Nikolai Alekseyevich Ognerubov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Civil Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Medical Worker ◽  
The Russian Federation ◽  
Criminal Legislation

We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.

scholarly journals The Basis for Exemption from Criminal Responsibility

2018 ◽  
pp. 161-168 ◽  
Author(s):  
E. V. Blagov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Main Body ◽  
The Public ◽  
The Future ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

The article considers the reason, adequate cause, justifying exemption from criminal responsibility. In the criminal law literature there are numerous decisions on this issue, but their main body alone can not explain why a person is exempted from criminal responsibility. The author concludes that the basis for such liberation must be sought in the personality of the culprit. Under current criminal legislation, justifying the exemption from criminal responsibility can only be elimination or significant reduction in the public danger of the person who committed the crime. In the future, it is necessary to formulate the relevant provisions of the criminal law so that the basis for this exemption is only elimination of the public danger caused by the individual. Accordingly, Art. 76. 2 and part 1 of Art. 90 are subject to exclusion from the Criminal Code of the Russian Federation and, on the contrary, inclusion in the chapter on the exemption from criminal responsibility of the relevant provisions of Art. 80.1 and part 1 of Art. 81 of the Criminal Code of the Russian Federation.

scholarly journals Criminal law protection of certain principles of the budgetary system of the Russian Federation

2021 ◽  
pp. 60-69
Author(s):  
Artem Aleksandrovich Pastushenko ◽  
Elena Yuryevna Antonova
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Case Law ◽  
Criminal Code ◽  
Inappropriate Use ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The subject of this research is the criminal law guarantees for the implementation of the principles of appropriate and targeted spending of budgetary resources as an element of ensuring national security of the Russian Federation. The author conducts the assessment of normative and law-enforcement material that determines the legal essence of the indicated principles of budgetary system of the Russian Federation. The article explores case law of implementation of certain norms of criminal legislation of the Russian Federation associated with contravention of the principle of appropriate use of budgetary allocations. This article is first to juxtapose the measures of criminal law protection of the principles of appropriate and targeted spending of budgetary resources. Based on the acquired results, the current position on the absence of penalties for the inappropriate use of budgetary allocations is being disputed. The conducted comparative analysis of the measures of criminal responsibility reveals large disparity with regards to protection of the two key principles of budgetary system of the Russian Federation. The author also established the presence of criminal elements that carry out preclusive function, which narrows down the capabilities of criminal law of the Russian Federation. The article offers an optimal and effective method for eliminating this problem and improving protective capabilities of the Criminal Code of the Russian Federation, including the tasks of ensuring national security.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

scholarly journals TYPES OF LIABILITY IN THE MODERN RUSSIAN CRIMINAL LAWS

2020 ◽  
Vol 10 ◽  
pp. 56-60
Author(s):  
Lyubov Yu. Larina ◽  
◽  
Inga V. Pantyukhina ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Different Types ◽  
The Russian Federation ◽  
Legal Fact ◽  
Criminal Legislation ◽  
Modern Russian

The article substantiates the existence of criminal liability and other types of liability in the criminal legislation. The authors give a classification of types of criminal liability depending on the legal fact entailing responsibility and specific measures that make up the content of a particular type. It is proposed to distinguish two main types-primary and secondary responsibility, each of which is divided into separate varieties. They argue for the need to include in the criminal code of the Russian Federation rules on the responsibility of minors who are not subject to criminal liability; make predictions about the possibility of new measures of responsibility in criminal law. In view of the different types of liability, the question of liability of legal persons under criminal law could be considered differently.

scholarly journals Criminal liability of juveniles in the Republic of Kazakhstan

2020 ◽  
Vol 2 (1) ◽  
pp. 12-26
Author(s):  
Aleksey Chistyakov ◽  
Saule Naurzalieva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Understanding ◽  
Theoretical Significance ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

The article reflects the study of juvenile delinquency in the Republic of Kazakhstan and their criminal responsibility. The scientific novelty of the research is that it was conducted on the basis of the new criminal legislation of the Republic of Kazakhstan in 2014. Therefore, the complex of issues, that were previously the subject of various studies in the light of modern realities and trends of criminal law policy of the Republic of Kazakhstan, has received a new interpretation and argumentation from the perspective of the latest opportunities for study. First, the new legislative structure for determining the basis of criminal liability (Article 4 of the Criminal code of the Republic of Kazakhstan) required a reinterpretation of the content of circumstances that lead to emergence of criminal liability among juveniles. Secondly, the legally updated content of grounds for criminal liability of juveniles in the Republic of Kazakhstan has led to an update of the quality of criminal law relations that arise between juvenile offenders and state bodies, which also need a new scientific reinterpretation. Third, the new legal concept of the basis of criminal liability presupposes the existence of a new, in relation to the previous, content of the basis for the implementation of criminal liability of juveniles. Finally, the new criminal legislation of the Republic of Kazakhstan, along with the previously existing one, has introduced new forms and types of implementation of criminal liability of juveniles, which need an updated scientific and legal analysis. Its results and conclusions, obtained personally by the author, can be regarded as having scientific novelty for the above reasons. In addition, on the basis of the theory and practice research of criminal responsibility among juveniles in the Republic of Kazakhstan, the paper formulated proposals for improving the criminal legislation of not only the Republic of Kazakhstan, but also the Russian Federation, which also have a novelty. The theoretical significance of the research is to increase and systematize knowledge about the criminal liability of juveniles due to the presence of a new basis of criminal responsibility that has not been previously developed by the Russian criminal law science. The results of scientific understanding of new forms and types of implementation of criminal liability of juveniles, introduced by the Criminal code of the Republic of Kazakhstan in 2014, such as the obligation to apologize to the victim and the establishment of probation control, have theoretical significance. The conclusions, suggestions and recommendations contained in this work enrich the scientific understanding of the features of criminal liability of juveniles in the Republic of Kazakhstan. The practical significance of the work is that the provisions and recommendations contained in it can be used both in the Republic of Kazakhstan and in the Russian Federation: in the process of standard-setting activities in improving the norms of Chapter 6 of the Criminal code of the Republic of Kazakhstan and the norms of Section V of Chapter 14 of the Criminal code of the Russian Federation; in the work of specialized inter-district courts for juveniles, considering cases against juveniles and assigning criminal penalties to them; by authorities and administration in the development of preventive measures.

scholarly journals Criminal responsibility of minors under the criminal code of the Russian Federation and the criminal code of the Azerbaijan republic: comparative characteristics

2019 ◽  
pp. 174-185 ◽  
Author(s):  
M. N. Imanly
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Criminal Legislation

The specifics of criminal responsibility and punishment of minors in both the Criminal Code of the Russian Federation and the Criminal Code of the Azerbaijan Republic are regulated separately. At the same time, there are both coincident and different prescriptions in these codes. The paper identifies the advantages and disadvantages of the relevant criminal law provisions in the legislation of the Russian Federation and the Azerbaijan Republic. In the course of analyzing the criminal codes, the author shows which standards of the Criminal Code of the Russian Federation may be useful to the Criminal Code of the Azerbaijan Republic and vice versa. Some provisions on the criminal responsibility of minors are proposed to be removed from the criminal legislation of both countries, while others are to be introduced into it.

scholarly journals Criminal Law Influence on Military Servicemen in the Military Security Assurance Mechanism

2021 ◽  
Vol 3 ◽  
pp. 7-10
Author(s):  
Ruslan V. Zakomoldin ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Military Service ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Military Security ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Military

The article is devoted to the analysis of special norms and provisions of the Criminal Code of the Russian Federation, reflecting the specifics of criminal law impact in relation to military personnel as a special subject. The article analyzes the military criminal legislation as a special criminal legal institution that allows differentiating criminal responsibility and punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. On the basis of the analysis undertaken, conclusions and proposals are formulated for introducing amendments and additions to the Criminal Code of the Russian Federation in terms of the criminal law protection of military security and criminal law impact on servicemen.

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