scholarly journals General characteristics of regulating responsibility for abuses of power in russia: historical aspect

2016 ◽  
Vol 3 (2) ◽  
pp. 216-220
Author(s):  
Y N Rumyantseva
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Historical Experience ◽  
Historical Aspect ◽  
Historical Continuity ◽  
The Russian Federation

The article identified and analyzed the historical experience ot the Russian Federation on issues of qualification and the regulation of liability for abuses of power, selected some general indications of the techniques of making composition for possible perspective of historical continuity. The author comes to the conclusion a number of proposals on improvement of structure of a crime under article 285 of the Criminal Code.

SYSTEM OF THE GENERAL PART OF THE CRIMINAL CODEOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 62-70
Author(s):  
E. V. Shchelkonogova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Systematic Approach ◽  
Criminal Code ◽  
Point Of View ◽  
Historical Aspect ◽  
Meaningful Relationship ◽  
Special Part ◽  
General Part ◽  
The Russian Federation

The article examines the General part of the Criminal Code. It is considered from the point of view of a systematic approach, questions are raised about the meaningful relationship between the norms of the General Part and the Special Part of the Criminal Code of the Russian Federation. The historical aspect of the formation of the current structure of the Code is given, and the question of whether the General and Special parts of the Criminal Code of the Russian Federation are identical parts or not. The sections of the General Part are analyzed in order to identify their functional load and significance for law enforcement.

scholarly journals Historical Aspect and Prerequisites for Amending the Constitution of the RF

2017 ◽  
Vol 4 (3) ◽  
pp. 202-207
Author(s):  
V A Jilkin
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Russian Federation ◽  
Legal System ◽  
The United States ◽  
Criminal Code ◽  
Russian Society ◽  
Historical Aspect ◽  
The Rule Of Law ◽  
The Russian Federation

The following article examines aspects of the United States Agency for International Collaboration (USAID) programs influence in the rule of law field, started in the USSR during the early 90s. USAID-funded Rule of Law implementers helped draft the Russian Constitution, Part I of the Russian Civil Code, and the Russian Tax Code. The American Bar Association of the USA took an active part in changing Russian legislation since 1992, which was also funded by the USAID. The Constitution of 1993 included a provision on the priority of international law over national legislation. This provision was also included in Article 1 of the Criminal Code and in Article 1 of the Russian Code of Criminal Procedure. The article also deals with an enshrined supremacy of the Constitution found in the US Constitution and that of the European countries. For example, if there is a conflict between constitutional provisions and an international treaty, priority is given to the Constitution. Not all states recognize certain norms and implement them, just as legal practice is not always identical. Attempts to introduce alien values, ideologies, cultures and traditions, all the more with the help of international law, pose a threat to the democratic foundations of the Constitution as a legal act that has the highest legal force in the legal system of the state. The author suggests that the text of the Constitution of the Russian Federation would see the provision removed, according to which international law forms an integral part of the legal system of the Russian Federation. Amendments to the Constitution of the Russian Federation will strengthen Russia’s independence in the sphere of law, bringing back the best traditions of the functioning state authorities and judicial bodies, which should correspond to the current development of Russian society. Keywords: international law, constitutional law, the rule of law, double standards, human rights.

scholarly journals SYSTEM OF THE GENERAL PART OF THE CRIMINAL CODEOF THE RUSSIAN FEDERATION

2020 ◽  
Vol 16 (1) ◽  
pp. 62-70
Author(s):  
E. V. Shchelkonogova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Systematic Approach ◽  
Criminal Code ◽  
Point Of View ◽  
Historical Aspect ◽  
Meaningful Relationship ◽  
Special Part ◽  
General Part ◽  
The Russian Federation

The article examines the General part of the Criminal Code. It is considered from the point of view of a systematic approach, questions are raised about the meaningful relationship between the norms of the General Part and the Special Part of the Criminal Code of the Russian Federation. The historical aspect of the formation of the current structure of the Code is given, and the question of whether the General and Special parts of the Criminal Code of the Russian Federation are identical parts or not. The sections of the General Part are analyzed in order to identify their functional load and significance for law enforcement.

scholarly journals A HISTORICAL ASPECT OF CARRYING OUT OF THE “PUTINA” OPERATION BY INTERNAL AFFAIRS AGENCIES OF THE RUSSIAN FEDERATION AS THE MOST EFFICIENT EVENT AIMED AT COMBATING ECONOMIC AND ENVIRONMENTAL CRIME RELATED TO ILLEGAL EXTRACTION AND CIRCULATION OF AQUATIC BIORESOURCES

2020 ◽  
Vol 11 ◽  
pp. 53-57
Author(s):  
Anatoliy A. Skurtul ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Environmental Crime ◽  
Environmental Security ◽  
Present Stage ◽  
Historical Experience ◽  
Historical Aspect ◽  
Fishing Season ◽  
The Russian Federation ◽  
Internal Affairs

The organization and implementation of the operation “Fishing season” by the internal affairs bodies of the Russian Federation has deep historical roots. It began between the XX–XXI centuries, during a difficult economic situation in the country. Significant funds were allocated for its implementation. Considering the results of this large-scale operation, we can claim that the investment paid off. During the operation, close interaction between the internal affairs bodies and other state bodies was established. This experience can and should be used in modern conditions to counteract crime in the field of illegal extraction and trafficking of aquatic bioresources. Therefore, to ensure the economic and environmental security of the state in this area. Thus, the analysis of the historical experience of conduction of the operation “Fishing season” has shown its effectiveness. It was confirmed that there is a need to use this experience at the present stage. The ways of using this experience in the fight against economic and environmental crime in the field of illegal extraction and trafficking of aquatic bioresources are proposed.

SYSTEM OF THE GENERAL PART OF THE CRIMINAL CODEOF THE RUSSIAN FEDERATION

2020 ◽  
pp. 62-70
Author(s):  
E. V. Shchelkonogova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Systematic Approach ◽  
Criminal Code ◽  
Point Of View ◽  
Historical Aspect ◽  
Meaningful Relationship ◽  
Special Part ◽  
General Part ◽  
The Russian Federation

The article examines the General part of the Criminal Code. It is considered from the point of view of a systematic approach, questions are raised about the meaningful relationship between the norms of the General Part and the Special Part of the Criminal Code of the Russian Federation. The historical aspect of the formation of the current structure of the Code is given, and the question of whether the General and Special parts of the Criminal Code of the Russian Federation are identical parts or not. The sections of the General Part are analyzed in order to identify their functional load and significance for law enforcement.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

The use of mass media and information and telecommunication networks as an evidence of offences punished for illegal trafficking of items and materials

2020 ◽  
Vol 2020 (4) ◽  
pp. 80-88
Author(s):  
Andrey Antipov
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Illicit Trafficking ◽  
Special Control ◽  
Comprehensive Study

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.

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