scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

scholarly journals Modern Problems of Establishing and Implementing Criminal Liability for Illegal Migration Crimes

2021 ◽  
Vol 15 (3) ◽  
pp. 341-351
Author(s):  
Vladimir Taranenko ◽  
Stanislav Kharitonov ◽  
Maria Reshnyak ◽  
Sergey Borisov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Regulatory Compliance ◽  
Place Of Residence ◽  
Illegal Migration ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

This study aims to identify and consider modern problems in establishing and implementing criminal liability for crimes pertaining to illegal migration, such as illegal crossing of the Russian Federation State Border, organizing illegal migration, fictitious registration of citizens of the Russian Federation at a place of stay or place of residence in residential premises in the Russian Federation, fictitious migration registration of foreign citizens or stateless persons at a place of residence in residential premises in the Russian Federation, as well as fictitious registration of foreign citizens or stateless persons at a place of stay in the Russian Federation. On this basis, proposals to improve legislative and regulatory compliance practices in this area have been formulated. The object of research is social interaction associated with the establishment and application of criminal law provisions on accountability for the crimes. The subject of research is a complex of legislative, doctrinal and practical issues, the study of which contributes to the development of criminal law theory in the area of liability for illegal migration crimes. This article considers the clarifications issued by the Plenary Session of the Supreme Court of the Russian Federation cited in resolution No. 18 “On Judicial Practice in Cases on Illegal Crossing of the State Border of the Russian Federation and on Crimes Pertaining to Illegal Migration” of July 9, 2020, relevant court practice materials and the Supreme Court of the Russian Federation Judicial Department’s statistical data. Research methodology is based on general and specific scientific methods, including comparative legal and concrete-sociological ones. As a result of the comprehensive analysis of criminal justice vulnerabilities in response to crimes pertaining to illegal migration, proposals for further development of the criminal legislation on the fields of criminal liability for such crimes and practices associated with its application have been formulated. For example, this article reveals the content of actions that form the objective aspect of crimes pertaining to illegal migration, defines the legal and factual aspects of committed offences, and provides recommendations concerning their qualification, including differentiation between them and their separation from related crimes and similar administrative offenses.

Perpetrators of corporate crimes in commercial organizations in Italy and Russia

2020 ◽  
Vol 28 (1) ◽  
pp. 120-130
Author(s):  
Georgy Rusanov
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Content Type ◽  
The Russian Federation ◽  
Commercial Organizations ◽  
Criminal Legislation ◽  
Economic Crimes ◽  
Official Status ◽  
Italian Legislation

Purpose The purpose of this paper is dedicated to the features of subjects of official crimes in commercial organizations in accordance with the laws of Italy and Russia. Design/methodology/approach Based on the study of Russian and Italian legislation, it was revealed that the Italian criminal law provides for a more extensive system of the criminal law provisions on liability for corporate economic crimes. Findings These norms are in various normative legal acts (civil legislation, separate legislative acts). In the Russian criminal legislation, the norms in the sphere of corporate crimes in the sphere of economy are systematized and are located in a separate chapter of the Criminal Code of the Russian Federation. At the same time, the list of acts for which liability is provided is significantly narrower than in the Italian criminal law. Originality/value In general, the institute of criminal liability for subjects of economic crimes with special features is adopted and developed as in the Russian criminal law as in the Italian criminal law. The existence of this institution shows the awareness by legislators of the increased danger to the society of such persons’ actions owing to the fact that the existence of the official status, special powers of certain duties or the lack of an appropriate indication on the contrary allows such a person to commit an act that is not available to other persons.

scholarly journals Illicit Enrichment: a New Approach to Criminalizing the Act

2020 ◽  
Vol 14 (4) ◽  
pp. 593-600
Author(s):  
Alexander Golovin ◽  
Natalia Bugayevskaya
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
New Approach ◽  
Criminal Procedure Law ◽  
Legal Document ◽  
State Income ◽  
The Russian Federation ◽  
Objective Side ◽  
Criminal Legislation

The authors analyze the necessity and expediency of incorporating the norm on liability for illicit enrichment into Russian criminal legislation in accordance with the requirements of Art. 20 of the United Nations Convention against Corruption of 2003. The ratification of this international legal document placed Russian lawmakers under an obligation to modernize the anti-corruption legislation, including an obligation to recognize the illegal character of the actions of those officials whose assets have increased disproportionally to their legal income. The authors recognize the existence of different approaches to estimating illicit enrichment as corpus delicti. They rebut the allegation that establishing criminal liability for illicit enrichment does not correspond to the principles of criminal and criminal procedure law; they draw parallels with the current corpora delicti (illegal entrepreneurship and others) in criminal law and prove that establishing that a person possesses certain assets does not contradict the principle of guilt and the principle of the presumption of innocence. The criminal law analysis of illicit enrichment was carried out using the method of modeling corpus delicti with the use of constructions suggested by other scholars and the authors of the draft law on changes in the Criminal Code of the Russian Federation regarding this corpus delicti. The criticism of the suggested models and the research of some elements of corpus delicti, specifically, the objective side of illicit enrichment, led the authors to the conclusion that it is impossible to include this corpus delicti into law because it does not correspond to the requirements of the constitutional and criminal law principle of justice. The impossibility of criminalizing illicit enrichment does not contradict the recommendatory character of conventional norms and does not result in a gap in law. The problem is solved on the basis of legislation on public service, civil and civil procedure legislation. The examined court practice regarding the cases in which the prosecutors requested to turn into a state income the assets whose licit acquisition has not been proven makes it possible to claim that international anti-corruption standards connected with illicit enrichment have been put into practice.

scholarly journals TYPES OF LIABILITY IN THE MODERN RUSSIAN CRIMINAL LAWS

2020 ◽  
Vol 10 ◽  
pp. 56-60
Author(s):  
Lyubov Yu. Larina ◽  
◽  
Inga V. Pantyukhina ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Different Types ◽  
The Russian Federation ◽  
Legal Fact ◽  
Criminal Legislation ◽  
Modern Russian

The article substantiates the existence of criminal liability and other types of liability in the criminal legislation. The authors give a classification of types of criminal liability depending on the legal fact entailing responsibility and specific measures that make up the content of a particular type. It is proposed to distinguish two main types-primary and secondary responsibility, each of which is divided into separate varieties. They argue for the need to include in the criminal code of the Russian Federation rules on the responsibility of minors who are not subject to criminal liability; make predictions about the possibility of new measures of responsibility in criminal law. In view of the different types of liability, the question of liability of legal persons under criminal law could be considered differently.

scholarly journals On the issue of criminal liability for negligent joint infliction of criminal - illegal consequences

2021 ◽  
Vol 2 (16) ◽  
pp. 43-53
Author(s):  
Maryna Yevhenivna Grigoryeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Offense ◽  
Stage Of Development ◽  
Objective Side ◽  
Criminal Legislation ◽  
Theoretical Issues ◽  
Legal Consequences ◽  
Current Stage

The article is devoted to the consideration of problematic issues related to criminal liability for negligent joint infliction of criminal consequences. Issues related to the negligent joint infliction of criminal consequences do not lose their relevance at the current stage of development of Ukrainian criminal law. The article defines the concept of negligent joint infliction of criminal consequences and provides a thorough description of its mandatory features. It is separately stated that correctly determining the basis of criminal liability of persons who jointly caused negligent damage, qualifying their actions and establishing rules for sentencing them is an important task for law enforcement and therefore it requires detailed justification and elaboration of general theoretical issues. legal consequences and the development of features of such a definition. It is proved that negligent joint infliction of criminally illegal consequences is the commission by two or more subjects of a certain criminal offense, illegal, objectively interconnected and mutually conditioned act, which is part of the objective side of a criminal offense that has a negligent form of guilt, and creates a single, common to all subjects socially dangerous result provided by criminal law. It is established that in case of negligent joint infliction of criminally - illegal consequences there is an objective interdependence and interaction of actions (actions or inactions) of such subjects who took part in achievement of those socially dangerous consequences which are provided by the criminal legislation.

scholarly journals Embezzlement of Other People’s Property, Committed with the Use of Official Position, as a Corruption-Related Crime

2021 ◽  
Vol 2 ◽  
pp. 52-58
Author(s):  
Maria G. Reshnyak ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Statistical Information ◽  
Official Position ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Common ◽  
Common Problems ◽  
Criminal Legislation

This article deals with topical issues of legislative regulation and implementation of criminal liability for theft of other people’s property committed by persons using their official position. These stealing are investigated in the context of the phenomenon of corruption, while the common problems of the effectiveness of criminal law counteraction to the relevant acts are highlighted. In his work, the author refers to the current Russian and foreign criminal legislation on liability for stealing using official position, explanations of the Plenum of the Supreme Court of the Russian Federation, research of scientists concerning the issues under consideration, statistical information, formulates original proposals for improving the criminal legislation on liability for “official” stealing and the practice of its application.

scholarly journals The Values of Large (Particularly Large) Amounts of Income, Damage, Indebtedness for Economic Crimes

2021 ◽  
Vol 15 (2) ◽  
pp. 220-228
Author(s):  
Natalia Lopashenko
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Economic Behavior ◽  
Rational Approach ◽  
Negative Consequences ◽  
Wide Range ◽  
The Difference ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

When formulating the objective side of economic crimes, the lawmakers often use such a result of deviant economic behavior as material damage, which could be large or particularly large; they also characterize the offence through the scale of actions or the amount of criminally acquired income (avoidance of losses) — its large (particularly large) amount. In general, this is a rational approach since the crimes are committed in the economic sphere, so their consequences and other features could and should be expressed through economic indicators. The problem for crimes under Chapter 22 of the Criminal Code of the Russian Federation consists in the fact that the number of legally defined variations in the understanding of large and particularly large amounts is constantly increasing and the difference between their minimum and the maximum levels is steadily growing. The article contains a detailed analysis of the contemporary condition of the problem of criteria for defining a large (particularly large) amount of income, damage, etc. for economic crimes. The author notes that there are 18 different variants for understanding a large amount of damage, income, or debt, and in 14 cases this large amount acts as the only indication of crime, i.e. the feature that makes it possible to criminalize the action. The same analysis is applied to the concept of a particularly large amount; Chapter 22 of the CC of the RF contains 12 variants of it. Such a wide range of values results in a number of negative consequences: the borders of criminalization for similar actions are defined differently, the limits of punishments included for them in the sanctions are established differently, different conditions for applying the norms of exemption from criminal liability for economic crimes are formed. The author analyses various ideas on changing approaches to defining the concepts of large (particularly large) amounts of income, damage, debt, and shows how these drawbacks in criminal legislation could be eliminated.

scholarly journals Features of criminal liability of persons with mental anomalies: foreign experience

2021 ◽  
pp. 417-424
Author(s):  
Anna Landina
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
Foreign Experience ◽  
Legal Criterion ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of ◽  
Psychological Criterion ◽  
Criminal Legislation

Annotation: Despite the rather large number of works devoted to the study of the characteristic features of mental anomalies, which do not exclude criminal prosecution, the peculiarities of criminal prosecution of such persons, a number of insufficiently solved problems remain. In the criminal law of a number of countries, the liability of persons with mental anomalies has long been regulated within the institution of limited sanity. And in this aspect, the study of foreign experience in the legislative regulation of this institution is necessary. The purpose of the study is to study the rules of foreign criminal law, which determine the features of criminal liability of persons with mental anomalies, and compare them with the relevant rules of criminal law of Ukraine. Among the countries whose criminal law provides for limited sanity for persons with mental anomalies, there are two conditional approaches to the criminal liability of persons with mental anomalies (mental disorders) in accordance with the legal family: England-American and Romano-Germanic. In the vast majority of countries of the Romano-Germanic legal family, whose criminal law defines the specifics of the responsibility of persons with mental anomalies (limited sanity), criteria such as medical (mental anomaly or disorder) and psychological (lack of awareness and / or control of their actions). The criminal law of the England-American legal family does not have a clear definition of the concept, criteria and consequences of the state of limited sanity in the subject of the crime. The criminal legislation of Ukraine on determining the features of criminal liability of persons with mental anomalies in the form of their legislative definition corresponds to the legislation of the Romano-Germanic legal family. The legal criterion of limited sanity, which is defined in the theory of criminal law, should be called psychological, because it is an intellectual-volitional manifestation of behaviour, not legal. It may be legal to establish a medical and psychological criterion of limited sanity in the relevant norm with an emphasis on the criminal consequences that will have a mental anomaly on the criminal liability of such an entity.

scholarly journals Criminal Law Sanctions and the Practice of Their Implementation in Counteracting Some Crimes of Corruption

2021 ◽  
Vol 15 (5) ◽  
pp. 543-554
Author(s):  
Boris Gavrilov ◽  
Evgeniya Rogova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Organizational Management ◽  
Judicial Discretion ◽  
Existing Problems ◽  
The Supreme Court ◽  
Current Article ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Economic Crimes

When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.

scholarly journals HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF UKRAINIAN LEGISLATION ON CRIMINAL LIABILITY FOR INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING-RESIDENTIAL HOUSING

2020 ◽  
pp. 61-70
Author(s):  
Н. О. Сербіна
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Residential Housing ◽  
Stage Of Development ◽  
Communal Property ◽  
History Of ◽  
Characteristic Features ◽  
Criminal Legislation

The relevance of the article is that the history of the development of legal protection of housing and communal services cannot be separated from the history of legal protection of the institution of communal property in Ukraine as a whole. However, it still remains insufficiently studied. In the scientific literature there are only a few mentions of legal protection or property in general, which after 1990 was legally called communal and in the most characteristic features resembles this form of ownership, is its historical predecessor. Analysis of the most important sources of criminal law in Ukraine, which existed at one or another historical stage of its development, shows that at all times the state has consistently paid attention to the protection of communal property. The level of protection of these relations could be different, depending on the socio-economic, political and other conditions of society, but in this case the task of protecting communal property was performed by criminal law. Ensuring the inviolability of housing and communal services was carried out by criminal law, primarily by establishing liability for various encroachments on them as part of the institution of communal property. It was found that the criminal legislation of the second half of the XIX - early XX centuries. had a systematized nature, formed a system of rules on crimes related to the destruction and damage of housing and communal services, which has an extensive nature. The encroachment was differentiated according to the object, the features of the object and a number of other circumstances. It is determined that the current stage of development of criminal liability for destruction or damage to housing and communal services is associated with the adoption in 2001 of the new Criminal Code of Ukraine. It is concluded that initially the intentional destruction or damage of housing and communal services was treated in criminal law as a component of intentional destruction or damage to property, but later this phenomenon evolved into a separate crime. There is also an increase in the content of criminally punishable methods of intentional destruction or damage to housing and communal services.

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