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.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

Effect of the Criminal Law on Military Personnel Who Committed Crimes outside the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 105-112
Author(s):  
I. А. Kazarinov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Military Personnel ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Treaties ◽  
Literary Sources ◽  
The Russian Federation ◽  
The Military ◽  
Military Units

The effect of the Criminal Code of the Russian Federation on military units stationed outside the Russian Federation is regulated by part 2 of article 12 of the Criminal Code, the interpretation and application of which causes a number of significant theoretical and applied problems. Based on the analysis of normative acts, international treaties and literary sources the article reveals the model of international legal regulation of responsibility of Russian soldiers; the reis a motion on the harmonization of the international norms which define the conditions of criminal jurisdiction of the Russian Federation in the military; certain private issues ofa pplication of the Criminal Code of the Russian Federation in a situation when a military person commits a crime outside the Russian Federation are resolved.

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.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

Parole from punishment and punishment replacement with its softer look: application problems

2019 ◽  
pp. 22-28
Author(s):  
Максим Ростиславович Гета ◽  
Александр Николаевич Смирнов
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Category Test ◽  
Test Mode ◽  
Article Deal ◽  
Legal Science ◽  
The Russian Federation ◽  
Similar Elements

В статье рассмотрены сравнительные аспекты условно-досрочного освобождения от наказания (ст. 79 УК РФ) и замены наказания на его более мягкий вид (ст. 80 УК РФ). Условно-досрочное освобождение исследуется в контексте категории «режим испытания», получившей определенное признание в отечественной юридической науке. Замена наказания на более мягкий вид так же, как и УДО, предусматривает прекращение отбывания наказания, назначенного приговором суда. В статье рассматривается содержание данных уголовно-правовых средств, схожие элементы их содержания, обосновываются различия условно-досрочного освобождения от наказания и замены наказания более мягким его видом. Приводится статистика применения условно-досрочного освобождения от наказания и замены наказания в РФ и одном из ее субъектов - Кемеровской области. Авторы вносят предложения по совершенствованию правового регулирования применения условно-досрочного освобождения от наказания и замены наказания на более мягкий его вид. This article discusses the comparative aspects of parole (article 79 of the Criminal Code of Russia) and the replacement of punishment by its milder form (article 80 of the Criminal Code). Parole is studied in the context of the category “test mode”, which has received some recognition in the domestic legal science. The replacement of punishment by a milder form, as well as parole, provides for the termination of serving the sentence imposed by the court sentence. The article deal with the content of these criminal law means, their similar elements of content, substantiates the differences of parole from punishment and replacement of punishment with a milder kind. The statistics of the use of parole and replacement of punishment in the Russian Federation and in one of its subjects-the Kemerovo region. The authors make suggestions for the improvement of legal regulation of application parole and replacement of punishment on softer appearance.

scholarly journals System of criminal penalties of Russian federation: legal regulation and sentencing practice

2019 ◽  
Vol 135 ◽  
pp. 04066
Author(s):  
Alexandra Brovkina ◽  
Victor Vezlomtsev ◽  
Svetlana Zakharova ◽  
Olga Shuranova ◽  
Yuri Truntsevsky
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Forced Labor ◽  
Criminal Sanctions ◽  
Special Part ◽  
The Russian Federation ◽  
The Creation ◽  
Criminal Penalties

The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation revealed inconsistencies with the requirements of legislative equipment in their development, which creates serious difficulties in the appointment of sentences by the courts. Penalties under criminal law sanctions include punishment in the form of punishment, forced labor, imprisonment for a specified period. The legislation does not take into account the nature and degree of threat to crimes committed in the formation of sanctions articles. Criminal law and criminal law protection, and criminal procedural requirements, and punishments. In accordance with the peculiarities of the formation of the punishment system, the creation of criminal sanctions, as well as taking into account the goals of punishment in the domestic criminal law, which allows us to develop recommendations on the preparation of sanctions for articles of the criminal code of the Russian Federation.

scholarly journals Criminal infraction as a mean of differentiating criminal responsibility and punishment

2021 ◽  
Vol 2 (12) ◽  
pp. 62-67
Author(s):  
E. A. BABAYANTS ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation

scholarly journals Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

scholarly journals ISSUES OF QUALIFICATION OF EXCEEDING OF JUSTIFIABLE DEFENSE LIMITS

2020 ◽  
Vol 11 ◽  
pp. 32-36
Author(s):  
Andrey V. Nikulenko ◽  
◽  
Maksim A. Smirnov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Advantages And Disadvantages ◽  
The Supreme Court ◽  
The Russian Federation

The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The paper criticizes the existing approach and offers ways to solve the indicated problems including by means of amendment of resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of September 27, 2012, On the Judicial Application of Laws on Justifiable Defense and Causing of Damage in the Course of Detention of a Criminal. The authors suggest a means of possible reconstruction of the corresponding provisions of Article 37 of the Criminal Code of the Russian Federation in view of ambiguous and often inconsistent practice of application of criminal law provisions on justifiable defense.

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