scholarly journals Robotization and Artificial Intelligence: Criminal Law Risks in the Field of Public Security

2020 ◽  
Vol 15 (6) ◽  
pp. 169-178
Author(s):  
Yu. V. Gracheva ◽  
A. A. Aryamov
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Criminal Law ◽  
Large Scale ◽  
Modern Society ◽  
Criminal Code ◽  
Public Security ◽  
Legal Risks ◽  
Legal Space ◽  
The Subject

Large-scale robotization is becoming one of the challenges of modern society. Jurisprudence in general and criminal law in particular cannot remain aloof from the challenges associated with the introduction of artificial intelligence in all spheres of public life. The process of forming the legal space has begun, but there is no comprehensive approach to solving the problem, since scientists consider robots within the framework of only those social relations that are part of the subject of the relevant branch of law. In this regard, there is a lag in the development, for example, of criminal law norms, since the process of determining the civil law status of a robot is not completed, and the construction of the concept of criminal law risks in robotics and artificial intelligence depends on it. The paper attempts to describe the criminal legal risks of using robotics and artificial intelligence for public security, to assess the available criminal legal means of counteracting the onset of socially dangerous consequences in the absence of adequate measures, to propose directions for improving the Criminal Code of the Russian Federation.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals The Object and Its Significance in Crimes of Looting Other’s Property by Using Computer Tools

2021 ◽  
Vol 58 (1) ◽  
pp. 1057-1068
Author(s):  
Kh. R. Ochilov
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Complex Nature ◽  
Computer Tools ◽  
Property Relations ◽  
Special Part ◽  
Plastic Card ◽  
The Subject

It should be noted that some types of plundering can damage not only property, but also other social relations protected by criminal law, that is, such crimes affect several social relations at once. In criminal law, crimes of this type are called crimes of a complex nature if the damage is caused to more than one object as a result of the commission of a socially dangerous act. The crime of looting other people's property by means of computers is also a crime of a complex nature, ie not only property relations, but also social relations in the field of information technology, and in some cases social relations in the field of public administration. will also be damaged. As a rule, in complex crimes, the object is qualified depending on the main direct object, if the objects affected are two or more social relations protected by criminal law. In robberies of other people's property using computer tools in most cases, the object of the crime is not in the direct possession of the victim, ie non-cash money is usually kept in a special institution (bank) or device (plastic card) where the money is stored and authorized to carry out certain operations. Generally, the property of another is defined as property that is not in the possession or legal possession of the offender. However, such an interpretation does not apply to the crime of misappropriation or robbery of another's property by means of computers, as the subject of the crime uses special powers in relation to the subject of the robbery, ie abuses the trust of the owner and the perpetrator robs him. The fact that special powers in relation to property are the main special feature of the crime of embezzlement or plundering is determined by the disposition of the property in the disposition of the criminal law. However, non-cash money in a specific account entrusted or pledged to the defendant or at the disposal of the defendant shall not constitute the subject of misappropriation or misappropriation by computer means. In this case, the actions of the offender are qualified by the relevant articles of the Special Part of the Criminal Code, which provide for liability for crimes against justice, and are not qualified as a set of crimes under the articles of liability for robbery.

scholarly journals Causal link in iatrogenic crimes: problems of correlation of the categories of causality in forensic examination and Russian criminal law

2020 ◽  
pp. 27-51
Author(s):  
Kirill Alekseevich Berchanskiy
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Causal Link ◽  
Medical Examination ◽  
Legal Norms ◽  
Forensic Practice ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the Russian case law of conducting legal proceedings against the representatives of medical sphere based on the constituent elements of crime established by the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper discharge of professional duties. The subject of this research also includes legal norms that regulate the procedure of forensic medical examination in the Russian Federation, norms of medical legislation, as well as corresponding provisions of the Criminal Code of the Russian Federation. The object of this research is the social relations emerging in the event of causing death due to improper provision of medical care, conduct of forensic medical examination, as well as consideration of such cases by the courts. The scientific novelty consists in comprehensive approach towards its implementation that would include the analysis of relevant practice of Russian courts on iatrogenic crimes. As a result of this research, the author outlines the key problems faced by the Russian courts in assessment of causal link in iatrogenic crimes, first and foremost committed by medical negligence. The detailed analysis of legal norms that regulate the procedure forensic medical examination allowed determining the possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in judicial practice. Based on the historical method of interpretation, the author detected the presence and origins of fundamental contradictions in the relevant legislation. The comparative-analytical method applied to the Russian criminal and forensic legislation allowed identifying the key issued that currently impede the efficient and just consideration of iatrogenic cases; the solution approach depending on priorities of the government in criminal law policy is proposed.

scholarly journals Cross-cutting criminal law concepts: some issues on definition and interpretation

2020 ◽  
pp. 91-98
Author(s):  
T.D. Lysko ◽  
V.V. Kyrychenko
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Implementation ◽  
Conceptual Apparatus ◽  
European Court ◽  
The Subject ◽  
Criminal Legislation ◽  
Further Development

The article analyses the problem of interpretation of cross-cutting criminal law concepts in the Criminal Code of Ukraine. The urgency of the study is due to the rapid reform of criminal law of Ukraine and the need to create a sustainable and high-quality conceptual framework of criminal law. In accordance with the tasks set in the article, the state of theoretical developments in the field of interpretation of cross-cutting criminal law concepts, their practical implementation and implementation in legislation was analysed. The article identifies the importance of universal interpretation of crosscutting criminal law concepts to ensure the rule of law and the implementation of state-guaranteed human rights. Prospects for the development of criminal law through the creation of an official interpretation of the conceptual apparatus of the Criminal Code of Ukraine were studied. The study was based on the work of legal scholars, as well as the practice of national law and the conclusions of the European Court of Human Rights. The article used the dialectical method as a general method of scientific cognition, by means of which social relations and phenomena that are the subject of research were studied in their interaction and complementarity. The method of analysis was used to determine the essence and content of the problem of interpretation of cross-cutting criminal law concepts. The results of the study identified ways to overcome the problem of interpretation of cross-cutting criminal law concepts and prospects for further development of criminal legislation in the presence of a stable conceptual apparatus. The obtained results allowed to made recommendations for practical improvement of the criminal legislation of Ukraine.

scholarly journals Sports crimes: issues of systematic approach, criminalization and qualifications

2021 ◽  
Vol 108 ◽  
pp. 02009
Author(s):  
Oleg Alexandrovich Dizer ◽  
Irina Gennadievna Bavsun ◽  
Andrey Viktorovich Zarubin ◽  
Vladimir Nikolaevich Safonov ◽  
Georgy Yurievich Sokolsky
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Method ◽  
The Supreme Court ◽  
Specific Object ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The study prerequisites are the fragmentation in the current criminal legislation of criminal law standards protecting the field of sports, as well as the issues of criminalization of acts in sports and the qualification of sports crimes. The study aims to solve the issues of systematization of regulatory provisions, the object of which is social relations in sports, taking into account the characteristics of the generic and specific objects, the degree of encroachment danger. The methods included the dialectical method, abstraction, analysis, synthesis, deduction, formal legal method, method of comparative jurisprudence. The results and novelty of the study reside in the conclusions about the advisability of identifying a separate specific object of criminal law protection (social relations in sports), which would systematize related and close acts not only in professional sports but also at all levels of official sports competitions. In this context, the issues of criminalization and qualifications of causing harm to life and health of an individual in violation of the sport rules, exerting unlawful influence on the result of an official sports competition, actions provided for in Art. 230.1 and 230.2 of the Criminal Code of the Russian Federation, as well as the synchronization of the subject of the latter with the subject of Art. 234 of the Criminal Code of the Russian Federation. Based on the foregoing, the recommendation of isolating a separate chapter in the Criminal Code of the Russian Federation and issuing a separate Resolution of the Plenum of the Supreme Court of the Russian Federation on crimes in sports is substantiated. Such measures will be able to optimize the criminal law protection of such an important sphere of public life as sports. In addition, this will make it possible to bring the quality of domestic criminal legislation and sports legislation to the international level and significantly increase the prestige of the Russian Federation.

scholarly journals On violation of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation

2021 ◽  
pp. 49-58
Author(s):  
Mikhail Aleksandrovich Prostoserdov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Code ◽  
Practical Significance ◽  
The Social ◽  
Special Part ◽  
The Subject ◽  
The Russian Federation

This article provides the results of research of the system of sanctions of the Special Part of the effective Criminal Code of the Russian Federation. The object of this study is the social relations arising in temrs of infliction of criminal punishment. The subject of is sanctions of the norms of the Special Part of the effective Criminal Law of the Russian Federation. The goal consists in identification of flaws in establishment of such sanctions, substantiation of the negative impact of these flaws, and development of recommendations for their eliminations. Particular attention is given to the rules for establishment of sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, namely the procedure for the transaction punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation and consequences of violating this order. The scientific novelty of this research consists in identification of violations in the sanctions of norms that have recently come into legal force. The author also determines the violations that create internal contradictions within the effective criminal law. The three groups of violations of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation on various grounds have been distinguished. In the course of this study, the author detected fifteen violations of the rules for establishment of the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation, as well as offered solutions for their eliminations. The acquired results are of practical significance and can contribute to the improvement of the Russian criminal law.

scholarly journals Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects

2019 ◽  
Vol 13 (4) ◽  
pp. 564-574 ◽  
Author(s):  
Zarina Khisamova ◽  
Ildar Begishev
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Legal Status ◽  
Industrial Revolution ◽  
Criminal Liability ◽  
Criminal Code ◽  
Design Development ◽  
Legal Personality ◽  
Active Involvement ◽  
Self Learning

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime

2020 ◽  
pp. 286-290
Author(s):  
Natalia Antoniuk
Keyword(s):  
Social Relations ◽  
Criminal Responsibility ◽  
Human Life ◽  
Subjective Evaluation ◽  
Criminal Code ◽  
Special Part ◽  
The Subject ◽  
Severe Punishment ◽  
A Minor ◽  
Legal Consequences

 Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

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