scholarly journals A State of Administrative Punishment

Lex Russica ◽  
2021 ◽  
pp. 44-53
Author(s):  
N. A. Morozova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
The State ◽  
Negative Consequences ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
One Year ◽  
Severe Punishment ◽  
Administrative Responsibility

The paper analyzes the negative legal consequences associated with the fact of bringing to administrative responsibility and circumstances occurring after the end of the execution of the sentence. These consequences are established not only by the Code of Administrative Offenses of the Russian Federation, but also by many other laws. They differ among themselves in the content and duration of the periods during which they arise and continue. Based on this, the author concludes that it is necessary to introduce a concept similar to the concept of "conviction" in criminal law into the legislation on administrative offenses, and talk about the "state of administrative punishment" that should be understood as a special legal status of a person brought to administrative responsibility, characterized by the possibility of the imposition of a more severe punishment in the event of a repeated offense and the application of other negative measures. Under the Code of Administrative Offences of the Russian Federation, the term of administrative punishment is one year, i.e. any negative consequences of being brought to administrative responsibility can take place within a year after the end of the execution of the sentence, including the possibility of imposing a more severe punishment for the repeated offense, recording the information about the facts of bringing to responsibility during employment, disseminating information about the fact of committing an offense. After the expiry of the term of administrative punishment, the person should be considered not previously brought to administrative responsibility. After that term no negative consequences associated with this fact can take place. As in criminal law, the term of administrative punishment can differentiate depending on the gravety of the offense or the type of punishment imposed. The mechanism is provided for the early termination of the state of administrative punishment.

NECESSARY DEFENSE OR NECESSARY PROTECTION?

2021 ◽  
pp. 77-81
Author(s):  
Александр Михайлович Смирнов
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Code ◽  
The State ◽  
Point Of View ◽  
European Convention ◽  
Self Defense ◽  
The Russian Federation ◽  
The Individual

В статье актуализируется вопрос замены наименования ст. 37 Уголовного кодекса Российской Федерации «Необходимая оборона» на «Необходимую защиту» как более четкого с точки зрения языка закона и юридически грамотного. Приводятся научно обоснованные аргументы в пользу подобного изменения в российский уголовный закон. Отмечается, что оборона, по своей сути, это военный термин, содержание которого выходит за пределы нормативных границ реализации действий в состоянии самозащиты права, регламентированного в данной статье. О защите правового статуса личности, интересов общества и государства от общественно опасного посягательства говорится в диспозиции данной статьи. Вместе с тем Конституция Российской Федерации предоставляет каждому лицу право на самостоятельную защиту, а не самостоятельную оборону своих прав и свобод в различных сферах жизнедеятельности всеми не запрещенными законом способами (ч. 2, ст. 45). Именно о защите, а не обороне социальных благ и интересов говорится в Европейской конвенции о защите прав человека и основных свобод (ч. 2 ст. 2 Раздел I). С содержательной точки зрения оборона предполагает совершение подготовительных, заблаговременных действий, а также контрнаступление (нападение на противника, его полную ликвидацию), что с законодательной точки зрения выступает превышением нормативных границ необходимой обороны, согласно действующей редакции рассматриваемой уголовно-правовой нормы. Помимо этого в науке уголовного права и ряде других отраслей юридической науки вопросы реализации необходимой обороны рассматриваются в рамках правового института «самозащиты права». The article updates the issue of replacing the name of Art. 37 of the Criminal Code of the Russian Federation «Necessary Defense» to «Necessary Protection» as the most correct in terms of the language of the law and legally competent. Scientifically grounded arguments are presented in favor of such a change in the Russian criminal law. It is noted that defense, in its essence, is a military term, the content of which goes beyond the normative boundaries of the implementation of actions in the state of self-defense of law, regulated in this article. The disposition of this article speaks about the protection of the legal status of the individual, the interests of society and the state from socially dangerous encroachment. At the same time, the Constitution of the Russian Federation grants each person the right to independent defense, and not independent defense of their rights and freedoms by all in various spheres of life, in ways not prohibited by law (part 2, article 45). It is about the protection, not the defense of social benefits and interests that is said in the European Convention for the Protection of Human Rights and Fundamental Freedoms (Part 2 of Art. 2 Section I). From a substantive point of view, defense involves the commission of preparatory, early actions, as well as a counteroffensive (attack on the enemy, his complete elimination), which from a legislative point of view is an excess of the normative boundaries of necessary defense, in accordance with the current version of the criminal law in question. In addition, in the science of criminal law and a number of other branches of legal science, the implementation of necessary defense is considered within the framework of the legal institution of «self-defense of law».

Formation of Discourses of Criminal Law Support of National Security in Russia

2021 ◽  
Author(s):  
Yu. N. Rumyantseva ◽  
◽  
E. S. Kachurova ◽  
Keyword(s):  
Artificial Intelligence ◽  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
The State ◽  
Economic Crime ◽  
Negative Consequences ◽  
The Russian Federation ◽  
Legal Entities

he article attempts to formulate the criminal law component of the problem of support national security, based on the National Security Strategy approved by the Decree of the President of the Russian Federation in 2021. The authors consider the formation of the national security domestic paradigm, highlight the stages of creating a system of national security legal regulation in the Russian Federation, and assess the effectiveness of such regulation. It is concluded that the negative consequences of the reforms carried out in Russia partly themselves pose a threat to its national security. The article studies the formation of the state criminal law policy; the development of criminal law measures against terrorism, extremism, economic crime and corruption; countering the malicious use of artificial intelligence and robotics as priority areas of countering threats to national security by criminal legal means. The formation of an effective criminal legal framework for countering economic crime and corruption is associated with the development of the modern criminal and criminal-legal policy concept. The changes in Russian legislation aimed at ensuring national security through the tightening a number of the Criminal Code norms in relation to terrorist and extremist crimes after the coup d’état in Ukraine in 2014 are illustrative. The risks of malicious use of artificial intelligence require a proactive reaction of the domestic legislator. Analyzing the sphere of development of the economic foundations of the state and society, it is necessary to focus on the conditions of fierce competition from foreign goods, works and services. At the same time, it is impossible not to take into account the fact that competition is often associated not only with scientific and technological advantages, but also with various kinds of abuses on the part of legal entities, which brings the authors back to the discussion on the introduction of the institution of legal entities criminal liability in the Russian Federation.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals The Parliament of the Russian Federation: Evolution of the Establishment and Functioning

2020 ◽  
Vol 12 ◽  
pp. 65-68
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Structure ◽  
Legislative Body ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

The article deals with the establishment, formation and activity of the Supreme representative (legislative) body of the Russian Federation. It is shown that the bicameral Parliament of the Russian state was formed under the influence of international, national political, legal and social development. It is noted that the essence of the bicameral Parliament is a legal reflection of the specifics of the development and state structure of Russia. The influence of reception and succession on the formation of the Federal Assembly of the Russian Federation is considered. The article analyzes the consequences of modern constitutional changes in the sphere of political and legal status of the Russian Parliament and their subsequent impact on the state mechanism of the Russian Federation.

scholarly journals Failure by Parents or Other Legal Representatives of Minors to Fulfill Their Obligations to Teach the Latter the Traffic Rules, to Foster a Responsible Attitude to Their Compliance, Expressed in the Admission of Driving Vehicles by Minors Who Do Not Have This Right, Which Caused Serious Consequences Due to Negligence

2020 ◽  
pp. 57-61
Author(s):  
Aleksei Viktorovich Ravnyushkin ◽  
Aleksandr Petrovich Nagorny
Keyword(s):  
Russian Federation ◽  
Motor Vehicle ◽  
Criminal Liability ◽  
Motor Vehicles ◽  
Administrative Punishment ◽  
Responsible Attitude ◽  
The Russian Federation ◽  
The Right ◽  
Traffic Rules ◽  
Administrative Responsibility

One of the most acute problems nowadays is the prob-lem of reducing not only the rate of accidents, but also the number of injuries and deaths on the roads. The in-crease in the number of minors injured in road acci-dents, including those driving motor vehicles, causes particular concern. It is stated that bringing individuals to administrative responsibility is possible for transfer-ring control of a motor vehicle to a person who knowing-ly does not have the right to drive a motor vehicle under Part 3 of Article 12.7 of the Code of Administrative Of-fences of the Russian Federation, and also for not taking measures to prevent repeated driving vehicles by mi-nors who do not have such right, under Part 1 of Article 5.35 of the Code of Administrative Offences of the Rus-sian Federation. However, administrative responsibility and measures of administrative punishment do not pre-vent serious socially dangerous consequences from driving motor vehicles by minors who do not have this right. The present study substantiates the need to estab-lish criminal liability for failure by parents to fulfill their obligations to educate and teach minors to observe traf-fic rules, which is expressed in letting minors drive mo-tor vehicles without having this right, which resulted in serious consequences due to negligence.

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

ASSESSMENT OF THE MAIN INDICATORS OF FINANCIAL SECURITY OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 1 (9) ◽  
pp. 15-20
Author(s):  
L. V. AGARKOVA ◽  
◽  
V. V. AGARKOV ◽  
M. G. RUSETSKY ◽  
◽  
...  
Keyword(s):  
National Security ◽  
Russian Federation ◽  
World Economy ◽  
The State ◽  
Financial Security ◽  
Negative Consequences ◽  
Special Significance ◽  
The World ◽  
The Russian Federation

In the context of the globalization of the world economy, the issue of ensuring the financial security of the state is a condition of its national security and acquires special significance. The article examines the indicators of financial security, establishes a system of precursors - indicators of the financial security of the state, allowing to predict the onset of negative consequences. the main indicators of the financial security of the Russian Federation were assessed.

On Research and Realities of Decriminalization of Criminal Acts in Russia

2019 ◽  
pp. 2044-2057
Author(s):  
Sergey A. Markuntsov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Entire Period ◽  
Comprehensive Understanding ◽  
Fundamental Nature ◽  
The Russian Federation ◽  
Adequate Coverage

The relevance of the research of decriminalization of criminal acts in Russia is due to both the lack of current adequate coverage of this issue even in some specialized studies of fundamental nature and the need to obtain a comprehensive understanding of decriminalization in Russia in the context of the trend of its modern criminal law policy humanization. The aim of the article is to study the processes of decriminalization of criminal acts in Russia through assessing the state of modern criminal law discourse on the problem specified. The research concludes the secondary, derivative nature of the analyzed decriminalization issues in most modern studies, the actual scale of full decriminalization of criminal acts in Russia, which aims for arithmetic error against the background of current decriminalization processes (for the entire period of the Criminal Code of the Russian Federation only 4 criminal acts were fully decriminalized)

scholarly journals TECHNOLOGIES IN THE CRIMINAL LEGISLATION OF RUSSIA: PROBLEMS AND PROSPECTS

2020 ◽  
pp. 85-92
Author(s):  
Vasily N. Nekrasov ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Code ◽  
Innovative Activity ◽  
Innovation Activity ◽  
Technical Innovations ◽  
The Russian Federation ◽  
The Impact

In this paper, the author tried to consider the impact of such innovation results as technology on domestic criminal law and to understand whether the legislator is ready for them. In the current Criminal Code of the Russian Federation, the legislator does not once use a single general concept in relation to technical innovations, which allows to characterize its various elements. At the same time, the legislator traditionally uses such private terms as tools, means, equipment, system, etc. When considering this issue, the first thought that comes to mind is that technical innova-tions in the Criminal Code are regarded as instruments or means of committing a crime. In criminal law theory, there are many points of view on the question of distinguishing between "instrument" and "means" of crime. The Criminal Code of the Russian Federation does not clearly understand the concepts under analysis. Technical innovations, such as equipment by domestic lawmakers, are regarded as instruments and means of committing a crime. The above concepts were traditionally used by the legislator to construct the norms of the Russian criminal law. At the same time, due to the active development of innovation activity, new technical innovations are appearing today, which, firstly, did not exist before, and secondly, they have a number of specific features. At the same time, definitions that were not previously used in the Russian criminal law, which allow judging about new possibilities of technology, which only stimulate the discus-sion about the legal status of technology, both in criminal law and in legislation as a whole, are already in place today. Social relations are undergoing certain changes as a result of innovative activities. In this regard, the object of crime is also being transformed. As a result, a new type of property is emerging, namely intellectual property, which is also subject to criminal law protection. It seems that today there is a need to combine the norms in the field of crimes that infringe on innovative activity into a separate group of norms. These social relations have a number of features that make it possible to consider forming them into a separate type of crime object. Separating groups of crimes in the area of innovative activity will be of great importance. In particular, it will make it possible to establish public danger in relation to a group of crimes and to analyse changes in the degree of public danger of crime depending on the type of quali-fying and attracting circumstances.

scholarly journals Criminal offense with administrative prejudice - a crime or an administrative offense?

2016 ◽  
Vol 3 (1) ◽  
pp. 214-219
Author(s):  
Y A Tymoshenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Theoretical Approaches ◽  
The Russian Federation ◽  
Administrative Responsibility

The article deals with theoretical approaches regarding the advisability of a full-fledged revival of administrative prejudice criminal law. On the basis of analyzing the legislative structures of crimes involving as a mandatory feature attraction of the person to administrative responsibility, and the provisions of Art. 14 of the Criminal Code of the Russian Federation concluded that the introduction of the institution is possible only if changes in approach to understanding the nature of the crime and the revision of the place of criminal law in the system of legal regulation.

Sign in / Sign up

Export Citation Format

Share Document