scholarly journals Is It Needed to Criminalize Abuses in the Field of International Sports?

2018 ◽  
Vol 5 (1) ◽  
pp. 102-114
Author(s):  
S V Maksimov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
Political Rights ◽  
State Sector ◽  
Administrative Functions ◽  
Legitimate Interest ◽  
Legitimate Interests ◽  
The Russian Federation

In the article, a thorough analysis of legislation in the sphere of sport regulation is carried out; The status of the organizers of international official sports competitions is explored in detail. Particular attention is paid to the IOC. The author broadly describes the structure of the IOC administration, the powers of the IOC governing bodies, addresses the issue of the fairness of IOC referring to non-profit organizations, indicating high profitability from international Olympic activities, as well as sole ownership and disposal of the Olympic property. Attention is also drawn to the specific status of the IOC as a pseudo-judicial body.Further in the article questions of a legal status of participants of the legal relations arising in connection with carrying out of the official international sports competitions are mentioned. It is concluded that the provisions of the Olympic Charter contradict the UN International Covenant on Civil and Political Rights of 1966, which prohibits any discrimination on any grounds. The deprivation of the citizen’s right to know about the reasons for the refusal to realize the legitimate interest, in the author’s opinion, is a specific form of abuse of the law.The problem of criminal liability for abuse of persons performing administrative functions in international organizations, in the sphere of organizing and organizing international sports competitions is raised. It is proved that the current Criminal Code of the Russian Federation and its art. 184, 201, 230.1, 230.2 do not fully protect the rights and legitimate interests of stakeholders, which is also confirmed by the fact that the extent of the practice of applying these prohibitions does not ref lect the actual extent of the problem. The author analyzes the current criminal legislation of the Russian Federation on the responsibility for the abuse of persons performing managerial functions in the non- state sector (including in the sphere of organizing and holding international sports competitions), and the practice of its application; shows that the relevant legislation does not provide for the purposeful prevention and suppression of socially dangerous actions of persons exercising authority in the sphere of organizing and conducting international sports competitions in sports, for abuses that are associated with violation of the rules established by the regulations (charters) of such organizations, as well as with use of their powers in violation of the principles of international law, which caused significant harm to the rights and legitimate interests of the athlete new and teams of athletes, organizations, law-protected interests of the state. In this regard, it is proposed to supplement the Criminal Code with a new article 201.3 «Abuse of powers in the organization and conduct of official international sports competitions».

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

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

scholarly journals Responsibility for crimes under the articles 210 and 210.1 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 147-152 ◽  
Author(s):  
Михаил Кармановский ◽  
Mikhail Karmanovsky ◽  
Елена Косьяненко ◽  
Elena Kosyanenko
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Organization ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Federal Law ◽  
Administrative Functions ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law

Article is devoted to the changes made to the Criminal Code of the Russian Federation by the Federal law of the Russian Federation of April 1, 2019 № 46-FZ on toughening of punishment for establishing a criminal organization or participation in it. Innovations concerned all parts of article 210, in particular criminal liability amplified (generally a penalty) and part 11 of article 210 appeared. Besides, the law entered new article 210.1 of the «Occupation of the highest situation in criminal hierarchy». Having analyzed statistics, only one fact of involvement of such person to criminal liability for establishing a criminal organization is elicited. Him was «thief in law» who carried out organizational and administrative functions concerning criminal community and its participants. One example of judicial practice by part 4 of article 210 of the Criminal Code of the Russian Federation «the person taking the highest position in criminal hierarchy», proves existence of difficulties at procedural proof. However these problems will not arise in the situation provided by article 210.1 as to prove that such person makes act it is not necessary. There is enough of fact that this person holds the highest position in criminal hierarchy. Meanwhile, noted edition of the law contradicts the theory of criminal law, regarding criminal prosecution only for criminal action.

scholarly journals Protection of the Rights and Legitimate Interests of Legal Persons in Criminal Proceedings: a Correlation of Criminal Law, Criminal Procedure and Forensic Aspects

2019 ◽  
Vol 13 (3) ◽  
pp. 498-505 ◽  
Author(s):  
Galina Vardanyan ◽  
Olga Aivazova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Soviet Period ◽  
Legal Person ◽  
Criminal Proceedings ◽  
Scientific Discussion ◽  
Legitimate Interests ◽  
The Russian Federation

The transformation of the status and role of legal persons in modern civil society as one of the consequences of global social and economic reforms of the post-Soviet period brought about a need for strengthening the guarantees of protecting the rights and legitimate interests of legal persons. The guarantees of protecting legal persons against criminal infringements are very important in this case. The lawmakers have done an enormous amount of work in this sphere: the norms of the Special Part of the Criminal Code of the Russian Federation contain a considerate number of crimes whose characteristic features are infringements on the rights and legitimate interests of legal persons, while the norms of the Criminal Procedure Code of the Russian Federation make it possible to recognize not only a physical, but also a legal person as a victim. The authors describe some criminalistically relevant features of subjects who are likely to commit crimes against the property or business reputation of legal persons, depending, among other things, on the existence or absence of official legal relations (civil law, labor) between legal persons and the subjects of crime. As for the extensive scientific discussion on the introduction of the institute of criminal liability of legal persons into Russian criminal legislation, the authors side with the opponents (at least, at the present stage) of such an innovation. At the same time, they stress that it is absolutely necessary to look for the ways to improve the effectiveness of counteracting criminal infringements against legal persons. The authors believe that an effective way to resolve this problem could be the development of a complex methodology of investigating crimes against legal persons. The theoretical and methodological basis of this scientific sphere, its main ideas (its concept) make it possible to identify and systematize general regularities of the mechanism of criminal actions in this sphere; a good understanding of these regularities will help develop a complex of methodical and criminalistic recommendations that meet the requirements of the legal science and the investigation and court practice.

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.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Criminal Liability ◽  
Criminal Code ◽  
Military Vehicles ◽  
Judicial Practice ◽  
Observation Methods ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

scholarly journals THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

scholarly journals Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification

2018 ◽  
pp. 34-43
Author(s):  
A. Ya. Asnis
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Service Contract ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Contract Managers

The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.

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