Vulnerability of the modern criminal legal system of Russia from the methods and means of conducting hybrid wars

2021 ◽  
Vol 7 (3) ◽  
pp. 30-44
Author(s):  
Leonid V. Goloskokov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal System ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Law System ◽  
The Russian Federation ◽  
Hybrid War ◽  
Criminal Legal System

The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events. The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars. This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article. In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary. A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.

On Research and Realities of Decriminalization of Criminal Acts in Russia

2019 ◽  
pp. 2044-2057
Author(s):  
Sergey A. Markuntsov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Entire Period ◽  
Comprehensive Understanding ◽  
Fundamental Nature ◽  
The Russian Federation ◽  
Adequate Coverage

The relevance of the research of decriminalization of criminal acts in Russia is due to both the lack of current adequate coverage of this issue even in some specialized studies of fundamental nature and the need to obtain a comprehensive understanding of decriminalization in Russia in the context of the trend of its modern criminal law policy humanization. The aim of the article is to study the processes of decriminalization of criminal acts in Russia through assessing the state of modern criminal law discourse on the problem specified. The research concludes the secondary, derivative nature of the analyzed decriminalization issues in most modern studies, the actual scale of full decriminalization of criminal acts in Russia, which aims for arithmetic error against the background of current decriminalization processes (for the entire period of the Criminal Code of the Russian Federation only 4 criminal acts were fully decriminalized)

scholarly journals The Place of the Criminal Justice for Children in the Legal System of Republic of Macedonia from Its Independence Until Today

2016 ◽  
Vol 6 (1) ◽  
pp. 46
Author(s):  
Blerta Arifi ◽  
Besa Kadriu
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
Special Treatment ◽  
Historical Aspect ◽  
Republic Of Macedonia ◽  
Separate Branch ◽  
Criminal Legal System

In this paper the author will analyze the legal treatment of juvenile delinquency in Republic of Macedonia, in historical aspect of the development of its legislation. In this way it will be presented the place of the criminal law for juveniles in the criminal legal system of the country and its development during today. The study will be focused on the innovation of legal protection of delinquent children, especially it will be analyzed the sanctioning of juvenile perpetrators and their special treatment from the majors in Republic of Macedonia. It will be a chronological comparison reflect of the juvenile sanctioning based on some of laws in Macedonia such as: Criminal Code of Former Yugoslavia, Criminal Code of Republic of Macedonia (1996), Law on Juvenile Justice (2007) and Law on Child protection (2013). The purpose of the study is to bring out the types of criminal sanctions for juveniles in Republic of Macedonia from its independence until today which, above all, are aimed on protecting the interests of the juvenile delinquents. Also the author of this paper will attach importance to the so-called “Measures of assistance and protection” provided by the Law on Child protection of Republic of Macedonia, which represent an innovation in the country's criminal law. This study is expected to draw conclusions about how it started to become independent itself the delinquency of minors as a separate branch from criminal law in the broad sense – and how much contemporary are the sanctions to minors from 1996 until today.

scholarly journals Another example of the situational nature of changes in domestic criminal and criminal procedural legislation or a vital short story?

2020 ◽  
pp. 79-83
Author(s):  
Nikolay Letelkin ◽  
Dmitry Neganov
Keyword(s):  
Short Story ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The State ◽  
Federal Law ◽  
Procedure Code ◽  
Corona Virus ◽  
The Russian Federation

The article examines the situationality of modern lawmaking in the field of criminal law in the context of the adoption of the federal law of 1.04.2020 No. 100-FZ «On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation», adopted by the State The Duma of the Russian Federation in connection with the pandemics of the Corona Virus Disеаsе 2019 (COVID-19).

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.

Exemption from Criminal Responsibility in Cases over Crimes in the Field of Economic Activity

10.12737/7254 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Оксана Макарова ◽  
Oksana Makarova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
Constitutional Principle ◽  
The Russian Federation

In recent years in our country the steady tendency to increase of authority of the state in the sphere of business and strengthening of economic security is observed. The state finds new opportunities of effective counteraction of crime in the economic sphere, including by means of liberalization and a humanization of the criminal legislation. Among the main acts aimed at the improvement of criminal law, can be called the Federal law of December 7, 2011 No. 420-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” which provides the special basis of release from criminal liability for commission of crimes in the sphere of economic activity. The specified basis is fixed in the new Article 761 “Exemption from criminal liability in cases of crimes in the sphere of economic activity” of the Criminal Code of the Russian Federation. In the explanatory note to this document it is noted that “such addition of the criminal law is caused by the necessity of its further humanization and counteraction to abuses in the field of investigation of economic crimes”. In the article mentioned Article 761 thoroughly analyzed in conformity with the requirements of the legal techniques and modern economic realities. The special attention is paid to the conditions of release from criminal responsibility provided for in second part of Article 761, given their critical assessment. It seems to the author that the legislator, providing special possibility of the exemption from criminal liability in cases of crimes in the sphere of economic activity had departed from the constitutional principle of equality of citizens before the law and court, having allowed thereby an inequality between the persons who have committed a crime.

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

LEGAL PROTECTION OF FOOD SECURITY

2021 ◽  
Vol 1 (6) ◽  
pp. 34-38
Author(s):  
T. D. USTINOVA ◽  
◽  
A. S. RUBTSOVA ◽  
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Public Safety ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

The article reveals the problems of applying criminal liability for the smuggling of strategically important goods. It is proved that such crimes infringe not on public safety, but on relations in the sphere of economic activity. It is proposed to return the criminal law norm to Chapter 22 of the Criminal Code of the Russian Federation.

On the System of the Special Part of the Criminal Code of the Russian Federation

2019 ◽  
pp. 31-40
Author(s):  
Elena Shchelkonogova
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
Law System ◽  
Special Part ◽  
General Part ◽  
The Russian Federation ◽  
Criminal Legislation

The article raises the problem of systematic interpretation of the Special Part of the Criminal Code of the Russian Federation, since fair enforcement of criminal law articles is impossible without understanding their sense intended by the legislator. One of the effective methods for identifying it is systematic interpretation of the articles of the Special Part of the Criminal Code. They are considered as elements of the system, their logical relations with each other and with the articles of the General Part of the Criminal Code are identified. Systematic consideration of the Special Part of the Criminal Code induction and deduction allowed formulating its current definition based on the fundamental difference between the rule of law and the article of the law. Identification of the systemic features of the Special Part helps distinguishing it from structure and classification. The article also pays attention to the problem of determining the various grounds for division of legislative material of the Special Part; the meaning of such concepts as «criminal legislation system» and «criminal law system» is delimited. The question is raised whether it is correct to speak about the system of crimes enshrined in the Special Part of the Criminal Code.

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

scholarly journals THE CRIMINAL LAW PROTECTION OF SOCIAL SECURITY: A SCIENTIFIC OVERVIEW OF ARTICLE 207.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 ◽  
pp. 52-55
Author(s):  
Aleksandr P. Kuznetsov ◽  
Keyword(s):  
Social Security ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

Newly introduced into Criminal Code of the Russian Federation articles 207.1 are examined in the study in terms of legal protection of public relations, provides a scientific commentary on it, recommendations on the qualification of committed acts are suggested.

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