scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

scholarly journals CRIMINAL AND LEGAL STUDY OF CONNIVANCE IN CRIME AS A SIGN CHARACTERIZING CONFLUENCE OF SEVERAL PERSONS IN ONE CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 236-241
Author(s):  
A. A. Kashkarov ◽  
D. A. Poshtaruk
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Study ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side ◽  
Made In

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.

Exemption from Criminal Responsibility by Virtue of Reconciliation with Injured Party in Case of Neonaticide Committed by a Mother

10.12737/7632 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Денис Гарбатович ◽  
Denis Garbatovich
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Child Victims ◽  
Judicial Practice ◽  
The Face ◽  
Newborn Child ◽  
The Russian Federation ◽  
First Time

The article deals with the grounds on which a person may be relieved of criminal responsibility in connection with reconciliation with the victim. In accordance with Article 76 of the Criminal Code of the Russian Federation that is based on the simultaneous implementation of the following conditions: 1) for the first time a crime of small or average gravity; 2) reconciliation with the victim; 3) compensation of harm caused to the victim. The face in the presence of the above conditions are not necessarily subject to unconditional exemption from criminal liability, this right depends on the discretion of a law enforcement official. Through an analysis of the norms of criminal law, judicial practice addresses the question whether it is permissible to exempt from criminal responsibility in connection with reconciliation with the victim´s mother, who killed her newborn child. Victims can be considered the closest relatives of the murdered child (father, grandparents)who are also relatives and friends in relation to the mother-killer. Victims may initially not interested in bringing her to justice and appropriate compensation to victims can be represented as some Convention and formality. Mother release from criminal responsibility for the murder of a newborn child in such circumstances, does not comply with the principle of justice, and not adequately solves the problem of the criminal code of the Russian Federation for the protection of the rights and freedoms against crime. Therefore, in the presented work provides General guidance on when such exemption from criminal liability is possible, and when it is not desirable.

scholarly journals On the Concept of the Subject of Corruption-Related Crimes Related to Passive and Active Bribery and Other Illegal Remuneration Types

2021 ◽  
Vol 3 ◽  
pp. 18-24
Author(s):  
Pavel V. Nikonov ◽  
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Criminal Code ◽  
Unified Approach ◽  
Judicial Practice ◽  
Legal Science ◽  
The Subject ◽  
The Russian Federation ◽  
Open Question

To the question of the concept of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration Currently, the legal science has not yet developed a unified approach to understanding the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration. The legal content of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration is disclosed in the dispositions articles 184, 290, 204, 2005, 2007 of the criminal code of the Russian Federation, which include money, securities, other property, property services and other property rights. At the same time, it remains an open question whether old-style banknotes and coins withdrawn from circulation, but subject to exchange, counterfeit money, or other property seized or restricted in circulation can be classified as such. Based on the study and analysis of judicial practice, the article presents the author’s approach to solving this problem and suggests measures to improve the current legislation.

scholarly journals CRIMINAL RESPONSIBILITY FOR GIVING FALSE EXPERT CONCLUSIONS IN THE FIELD OF PURCHASING GOODS, WORKS, SERVICES

2020 ◽  
Vol 30 (1) ◽  
pp. 84-90
Author(s):  
V.E. Zvarygin ◽  
D.S. Nazarova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Public Procurement ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Criminal Code ◽  
The Russian Federation ◽  
Illegal Activities

Illegal activities in the field of procurement of goods, works and services pose a threat not only to economic, but also to national security. The solution to this situation is possible only with an integrated approach, consisting not only in improving the efficiency of the regulatory authorities, but also in optimizing the current legislation. Article 107 of the Federal Law dated 05.04.2013 “On the contract system in the field of procurement of goods, work, services for the provision of state and municipal needs” provides the criminal liability of persons guilty of violating the laws of the Russian Federation and other regulatory legal acts on contract system in the field of procurement. However, until recently, the onset of criminal liability remained only “on paper”. The turning point in the criminal law regulation of relations in the field of public procurement was the year 2018, when federal laws were adopted that introduced amendments to the Criminal Code of the Russian Federation by criminalizing illegal acts in this sphere of public relations. One of the controversial articles by the structure of the criminal law elements is Article 200.6 of the Criminal Code of the Russian Federation, which established criminal liability for giving a knowingly false expert opinion in the field of procurement of goods, works and services.

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.

TO THE QUESTION OF THE RELATION OF MAN TO ANIMALS IN MODERN RUSSIA: THE CRIMINAL, LEGAL AND MORAL ASPECT

2020 ◽  
Vol 10 (3) ◽  
pp. 128-132
Author(s):  
MIKHAIL KOLTSOV ◽  
◽  
ELENA POPOVA
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Norms ◽  
Existing Problems ◽  
Legal Method ◽  
Logical Method ◽  
The Russian Federation ◽  
Cruelty To Animals

This article examines the existing problems that arise in the case of applying the provisions of the current version of article 245 of the criminal code of the Russian Federation. Based on the analysis of the theory and judicial practice of this sphere of public relations, the authors reveal the conditions for criminal responsibility for the criminal offense provided for in this article. In addition, the article contains comparative characteristics of Russian and foreign legislation in terms of liability for cruelty to animals. The following methods were used in the article: logical method of cognition, comparative legal method of research, as well as formal legal method, which allowed to reveal the essence and signs of cruelty to animals, the method of interpretation of legal norms. The use of these methods allowed us to understand the institutions of criminal law and determine the main directions of development. The authors suggest possible ways to solve problems that arise in the process of proving the fact of criminal infringement under article 245 of the criminal code of the Russian Federation, and reveal ways to eliminate gaps in legislation.

Legal and Actual Characteristics of the Institute Exemption from Criminal Liability

2020 ◽  
Vol 10 ◽  
pp. 83-92
Author(s):  
V. K. Andrianov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Theory Of Law ◽  
First Time

Analysis of judicial practice shows that the greatest difficulties and errors in the courts and the prosecutors and investigators in the application of exemption from criminal liability, related to the issues of legal facts. It is no coincidence that most of the content of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27 June 2013 No. 19 is devoted to clarifying questions about legal facts provided for by the norms of Chapter 11 of the Criminal Code of the Russian Federation. The purpose of this article is the legal and factual analysis of the release of the institute of criminal responsibility, which is in the general theory of law recognized by specific methodological direction in the explanation of legal phenomena In the article we developed a number of questions of legal conditions and facts with which the criminal law links the exemption from criminal liability: on the concept of the person who committed the crime for the first time; on exemption from criminal liability in the event of the commission of an unfinished crime and a crime of complicity; on the types of legal facts serving as the basis for such consequences; the amount of positive post-criminal behavior required for release; competition between the grounds for exemption from criminal liability; on the role of other social circumstances, when making the appropriate decision, etc.

scholarly journals Interpretation of certain aspects of criminal restriction of competition

2021 ◽  
pp. 48-58
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Implementation ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Tax Legislation ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

scholarly journals CURRENT TRENDS IN BRINGING TO CRIMINAL RESPONSIBILITY FOR OBSTRUCTING LEGITIMATE ENTREPRENEURIAL OR OTHER ACTIVITIES IN THE LIGHT OF THE CONCEPT OF PROTECTING THE RIGHTS OF ENTREPRENEURS

2021 ◽  
Vol 31 (5) ◽  
pp. 891-896
Author(s):  
O.N. Ryabchenko
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
Current Trends ◽  
Legal Nature ◽  
The Russian Federation ◽  
Business Entities ◽  
Criminal Legislation ◽  
Economic Crimes

In the modern doctrine of criminal law, a detailed study of economic crimes located in Chapter 22 of the Criminal Code of the Russian Federation revealed a certain tendency of the absence of system-forming signs of this group of criminal encroachments. A serious analysis of the signs of the corpus delict provided for in Article 169 of the Criminal Code of the Russian Federation was carried out in order to further improve them. The purpose of this work is to study the legal potential of the article and the factors that prevent the implementation of its provisions in practice. Achieving this goal is possible by solving such tasks as identifying the legal nature of objective and subjective signs of a crime under Article 169 of the Criminal Code of the Russian Federation, studying the problems of applying this article and identifying possible ways to resolve them. The relevance and significance of the existence of this corpus delict for the protection of the interests of an entrepreneur in the Russian Federation is established. The problems of judicial practice that prevent the real application of the provisions of Article 169 of the Criminal Code of the Russian Federation are identified. The emphasis is placed on the involvement of officials in the commission of criminal acts against business entities. Some changes in the criminal legislation are proposed, which will exclude the identification of the provisions of Article 169 of the Criminal Code of the Russian Federation with the category of "dead" norms. In this regard, it seems quite justified to consider in more detail the provisions of Article 169 of the Criminal Code of the Russian Federation, which provides for liability for obstruction of legitimate entrepreneurial or other activities.

scholarly journals Causation in criminal medical malpractice: a conflict of forensics and criminal law in the Russian Federaion

2021 ◽  
pp. 1-23
Author(s):  
Kirill Alekseevich Berchanskiy
Keyword(s):  
Russian Federation ◽  
Medical Malpractice ◽  
Criminal Policy ◽  
Medical Personnel ◽  
Criminal Code ◽  
Medical Examination ◽  
Judicial Practice ◽  
Forensic Practice ◽  
The Subject ◽  
The Russian Federation

The subject of this study is the judicial practice of Russian courts on cases commeneced against medical personnel under the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper performance of professional duties. The subject of research also includes the legal framework on the procedure for conducting forensic medical examination in the Russian Federation, medical legislation, as well as the relevant provisions of the Criminal code of the Russian Federation. The scientific novelty of this research connsists in the comprehensive approach towards its implementation, including the analysis of the current judicial practice of Russian courts on medical malpractice. As a result of this analysis, the main problems that Russian courts face when assessing the causal relationship in iatrogenic crimes, primarily committed by omission, were identified. Through a detailed analysis of the laws and bylaws governing the procedure for conducting a forensic medical examination, the author has identified possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in jurisprudence. Also, using the historical method of interpretation, the author revealed the existence and causes of significant contradictions in the relevant legislation. Using a comparative-analytical method applied to the Russian criminal and forensic legislation, the main problems that hinder the effective and fair consideration of iatrogenic cases at the moment are identified, and ways to solve them are proposed depending on the state's priorities in criminal policy.

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