scholarly journals The Practice of Detecting and Investigating by the Investigative Bodies of the Investigative Committee of the Russian Federation of Legalization (Laundering) of Proceeds of Crime and Terrorism Financing

Lex Russica ◽  
2021 ◽  
pp. 9-15
Author(s):  
A. I. Bastrykin
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Illegal Gambling ◽  
Digital Currency ◽  
Educational Structures ◽  
Terrorism Financing ◽  
Proceeds Of Crime ◽  
The Russian Federation ◽  
Financing Of Terrorism

The paper examines countering extremism, terrorist crimes, as well as legalization (laundering) of proceeds of crime, as an important element of comprehensive measures undertaken to ensure national security. These crimes constitute global threats, and their suppression is one of the priorities of the Investigative Committee of the Russian Federation. It should be emphasized that the public danger of legalization (laundering) of proceeds of crime lies in the fact that it undermines the country’s financial system by means of providing the material basis for corruption and terrorism.In modern conditions, the risks of legalization of proceeds of crime, as well as the use of digital currency for illegal or criminal purposes, may arise, for example, when converting digital currency. In view of this, according to the author, it is necessary to establish clear criteria for transactions for which criminal liability for the illegal use of digital currencies may arise, including cases when the digital currency acts as a means of payment for the illegal circulation of weapons, drugs or other items, for the circulation of which criminal liability is established, as well as when illegal gambling or illegal banking are organized. With this in mind, there is a need to introduce criminal liability for illegal circulation of a digital currency and violation of the rules for making transactions with it.One of the main tasks in the field of preventing financing of terrorism and extremism is to counter the spread of radical ideology. To effectively solve this problem, it is required to apply an integrated approach, and, above all, active participation in this process of not only state authorities, but of various institutions of civil society, the scientific community, educational structures, public and religious organizations, as well as the mass media.

scholarly journals Modern Mechanisms for Countering the Financing of Terrorism. New Challenges and Threats

2018 ◽  
Vol 3 (2) ◽  
pp. 318
Author(s):  
Kubanychbek Uulu S. ◽  
Zhusupov D. D.
Keyword(s):  
Russian Federation ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Effective System ◽  
Terrorist Groups ◽  
Terrorism Financing ◽  
The Russian Federation ◽  
New Challenges ◽  
Characteristic Features ◽  
Financing Of Terrorism

This article examines the problems associated with the financing of terrorism, combating the financing of terrorism and its international legal regulation. Characteristic features of international legal regulation related to the counteraction of terrorism financing, both in theory and in practice are analyzed. The necessity of joint use by the international community of available methods and means to counter the financing of terrorism has been identified and justified. Also, the article analyzes the existing approaches to understanding the financing of terrorism, and identifies the place and significance of measures to counter the financing of terrorism. Despite the presence of a significant number of regulatory legal acts, an effective system of countering terrorism on an international scale has not been formed yet. This is due to the lack of an integrated approach to understanding terrorism. A comparison of the provisions of existing international acts and the legislation of the Russian Federation allows us to determine the prospects for further improving the legal regulation of the sphere of relations. This research reflects modern problems of international legal regulation on combating the financing of terrorism, and gives ways of solving this problem.Key words: the ideology of terrorism, credit organizations, terrorist groups, the FATF group, combating the financing of terrorism.

scholarly journals Problematic issues of qualifying actions encroaching upon persons executing justice or preliminary investigation

2021 ◽  
Vol 108 ◽  
pp. 02005
Author(s):  
Aleksander Nikolayevich Varygin ◽  
Irina Alekseyevna Efremova ◽  
Vladimir Gennadyevich Gromov ◽  
Pavel Anatolyevich Matushkin ◽  
Anastasiya Mikhaylovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Norms ◽  
The Russian Federation ◽  
Structural Methods

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.

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 Digital Currency and Novelties in the Criminal Code of the Russian Federation: Topical Issues

2021 ◽  
Vol 15 (2) ◽  
pp. 381-386
Author(s):  
IRINA S. MOCHALKINA
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Concept ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Digital Currency ◽  
The Russian Federation

Introduction: the article analyzes the concept and legal nature of digital currency and certainnoveltiesrelated to digital currency, which were put forward in the last few years so as to be introduced in the Criminal Code of the Russian Federation. Aims: to study and summarize legislative initiatives related to digital currency; to define the concept and essence of digital currency; to establish its place in the civil rights system; to analyze the possibility of recognizing digital currency as an object and (or) a means of committing crimes. Methods: historical, comparative-legal, empirical methods of description and interpretation; theoretical methods of formal and dialectical logic; legal-dogmatic method, and interpretation of legal norms. Results: having analyzed the development of Russian legislation regulating the legal status of new digital objects of economic relations we see that the features that make up the general concept of digital currency do not allow us to determine the range of objects that fit this legislative definition; moreover, these features do not allow us to define digital currency as an object of civil rights and identify which operations and transactions with it are legal. Due to the above, it is impossible to establish criminal liability for committing acts involving digital currency. Conclusions: we have revealed certain tendencies toward legalization of digital currency on the one hand, and prevention of its use for payment for goods and services, including the imposition of criminal-legal prohibitions, on the other hand. The concept of digital currency needs to be revised: its definition should not contain a reference to the operator and the nodes of the information system. The most correct solution seems to be the introduction of the concept of cryptocurrency to denote a decentralized means of expressing value; as for digital currency, it should be understood as centralized funds, for example the digital ruble. Digital currency must be recognized as an object of civil rights, being classified as other property. This will help to minimize the difficulties in recognizing it as a subject or means of crime and introduce socially determined prohibitions into the criminal law. Keywords: digital currency; digital rights; cryptocurrency; amendments to the Criminal Code of the Russian Federation; novelties in the Criminal Code of the Russian Federation; crimes against property; crimes in the field of economic activity; theft

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

POTENTIAL OF BANK CURRENCY TRANSACTIONS WITH CRYPTOCURRENCY IN RUSSIA

2021 ◽  
Author(s):  
Юлия Борисовна Арон ◽  
Елена Валерьевна Жегалова
Keyword(s):  
Russian Federation ◽  
Banking System ◽  
Legal Regulation ◽  
Actual Problem ◽  
Digital Currency ◽  
Russian Economy ◽  
The Russian Federation ◽  
Definition Of

В статье рассматривается актуальная проблема интеграции крипто-валюты в банковскую систему РФ. Авторами предлагается определение криптовалюты, обосновывается востребованность использования цифровой валюты в экономике. Рассматривается специфика современного правового регулирования операций с криптовалютой и перспективы его развития в российской экономике. The article deals with the actual problem of integrating cryptocurrency into the banking system of the Russian Federation. The authors propose a definition of cryptocurrency, substantiate the demand for the use of digital currency in the economy. The article considers the specifics of modern legal regulation of cryptocurrency transactions and the prospects for its development in the Russian economy.

Features of legal regulation of digital currency in the Russian Federation

2021 ◽  
pp. 90-93
Author(s):  
RISALAT MAGOMEDBEGOVNA MAGOMEDOVA ◽  
RUSTAM KURBANOVICH IBAYEV ◽  
MAGOMED ABDULAYEVICH MUSALOV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Digital Currency ◽  
The Russian Federation

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

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