scholarly journals Regulating Liability for Crimes Against Monetary Systems in the Context of Digitalized Economic Relations

2021 ◽  
Vol 8 (1) ◽  
pp. 45-52
Author(s):  
Denis A. Pechegin
Keyword(s):  
Public Relations ◽  
Criminal Code ◽  
The Other ◽  
Economic Relations ◽  
Monetary System ◽  
Monetary Unit ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation ◽  
Monetary Circulation

A monetary system is a historically established model of organized monetary circulation that includes the national monetary unit (legal tender), the types of banknotes, and the order of their issue and circulation. This model is normatively fixed, since it is a core component of the national economy. At the same time, the security of a monetary system is a primary strategic goal in the economy of a nation. The achievement of such a goal is possible by solving specific tasks related, inter alia, to the prevention of criminal actions in the analyzed area. As key elements of crimes against the monetary system, national criminal legislation should highlight property obtained by criminal means, including laundering of funds (Articles 174 and 1741 of the Criminal Code of the Russian Federation), counterfeiting (Article 186), and the illegal turnover of payment funds (Article 187). Given the dynamics of changes taking place in society and the state, the structures of criminal elements are likewise subject to transformation, especially with regard to the development of digital financial technologies. The legal vacuum of the new sphere of public relations, its subordination to algorithms and programs on the one hand, and the blank nature of these norms of criminal law, on the other, as well as the imperfections of procedural mechanisms focused on regulating analog public relations, as opposed to digital, on the other, form barriers to legal influence. This article is devoted to the analysis of these and other problems of the legislative regulation of crimes that encroach upon the monetary system via digital economic relations.

scholarly journals On the Appropriateness of the Use of the Term “Inducement” in Article 2301 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 18 (4) ◽  
pp. 433-444
Author(s):  
A. V. Syntin
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Medical Personnel ◽  
Criminal Code ◽  
The Other ◽  
Long Time ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
Criminal Legislation

The problem of prohibited substances (methods) abuse in sport has existed for quite a long time. On the one hand, by criminalizing certain anti-doping rules violations, legislation expanded the liability limits of coaches, sports medical personnel, and of other specialists in the field of sports, which can be regarded positively. On the other hand, it made certain mistakes which impeded the effectiveness of these laws enforcement. Among other things, there is a problem with definition of the term “inducement”. The term itself is defined in the note to article 2301 of the Russian Federation Criminal Code, but there is a controversy in demarcation of inducement. methods. While deception, the use of violence and instructions as inducement methods are socially dangerous at substantial level and can be regarded as methods of committing the crime, the provision of information or the prohibited substances themselves (means of using methods) cannot be regarded as methods of committing the crime. Such a definition of inducement means also leads to contradictions with the corpus delicti under Article 2302 of the Russian Federation Criminal Code. In addition, there are also different interpretations regarding the methods of inducement, coercion, involvement in the other corpus delicti, which, all together with the lack of a unified interpretation of the terms affects the possibility of bringing the guilty persons, especially coaches, sports medical personnel and other specialists in the field of sports, to criminal responsibility. The survey conducted among lawyers also has revealed difficulties in distinguishing these terms in practice. Based on the criminal legislation analysis, the author comes to the conclusion that the amendments in the Russian Federation Criminal Code are necessary.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

RISK MANAGEMENT SYSTEM IN THE CUSTOMS POLICY MECHANISM

2020 ◽  
Vol 13 (2) ◽  
pp. 51-57
Author(s):  
V.N. Glaz ◽  
◽  
V.I. Berezhnoy ◽  
T.G. Martseva ◽  
E.V. Berezhnaya ◽  
...  
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
The State ◽  
The Other ◽  
State Control ◽  
Economic Interests ◽  
Economic Relations ◽  
International Economic Relations ◽  
Common Interests ◽  
The One

The mechanism of public policy in the regulation of public relations is built on the skillful combination of prohibitions of restrictions on the one hand, and laxity and opportunities on the other. But weakening state control may increase the level of risk to relationships. This is most clearly evident in international economic relations, where not only individual States that assume responsibility by becoming parties to conventions, agreements and treaties, but also individuals and entities that do not always support the policy of the State in the practice of implementing signed contracts, are parties. Russia pays special attention to a reasonable combination of the country’s economic interests and common interests within the framework of integration associations. The Russian customs authorities, represented by the Federal Customs Service, are one of the agents of state policy in this regard. The purpose of the activity is not only to administer the revenues from foreign economic activity to the budget, but also to protect the economic interests of the state, the participants of the foreign economic activity, professional intermediaries and individual consumers. Therefore, the development of a comprehensive policy of monitoring and assessment of customs risks will reduce the efforts of customs authorities to prevent possible offenses, and thus protect the interests of participants in foreign trade at any level.

scholarly journals SANCTIONS: POLITICAL AND ECONOMIC FORESHORTENING

2019 ◽  
pp. 34-39
Author(s):  
I. D. Matskulyak ◽  
G. N. Bogacheva ◽  
B. A. Denisov
Keyword(s):  
Russian Federation ◽  
The Other ◽  
Perfect Competition ◽  
The Political ◽  
Economic Relations ◽  
The Past ◽  
The Russian Federation ◽  
The One ◽  
External Intervention ◽  
Positive Effect

A number of aspects of the change of the political and economic relations, apparent by the sanctions policy of the western states to the Russian Federation and its realization, has been considered. The balance between the liberty, equality and fraternity, the perfect competition and free business, on the one hand, and the competition of smothering, ball and chain, on the other hand, – has been disclosed. It has been substantiated, that the western states seek to substitute the colonial influence in the past for sanctions pressure in our days. It allows them to get not only the competitive advantage, but also to obtain the absolute dictatorship sometimes. The conclusion has been made, that external intervention in the natural course of managing and especially the rough administrative influence never gives a positive effect.

scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

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.

THE DEVELOPMENT OF MODERN RUSSIAN CRIMINAL ANTI-CORRUPTION LEGISLATION

2018 ◽  
pp. 21-29
Author(s):  
Andrey Sergeyevich Burtsev ◽  
Vyacheslav Sergeyevich Semenyakin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Mutual Influence ◽  
Criminal Code ◽  
Minimum Size ◽  
Legal Norms ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Modern Russian

We consider development of modern criminal legislation features in the anti-corruption sphere. The urgency of the fight against corruption in the Russian Federation and the difficulties standing in its way are emphasized. Noted the specificity of the Russian legislation in the anti-corruption sphere, which consists in the fact that the modern Russian criminal law mechanism of combating corruption is firmly based on international legal acts. The main stages of development and formation of modern anti-corruption legislation, its connection with international law are considered. The role of legal norms in strengthening the security of the state, increasing its authority in the world is revealed. A large number of sources of corruption law are analyzed, including the Criminal Code of the Russian Federation, Federal laws, the Decision of the Supreme Court of the Russian Federation, Decrees of the President of the Russian Federation. Changes made to the legislation in different years concerned the subject structure, the minimum size of a bribe, nature of commission of crime, etc. In the course of the analysis of anti-corruption norms of criminal law traced their relationship with the non-criminal legislation in force in this area, noted their mutual influence. It is concluded that the current anti-corruption criminal legislation has been formed in the Russian Federation, but the process of its development due to the ongoing socio-economic transformations of society is not completed. The necessity of an effective legal mechanism regulating public relations arising in the case of a corruption-related crime is noted.

scholarly journals The secrecy−transparency dynamic: A sociological reframing of secrecy and transparency for public relations research

2020 ◽  
Vol 9 (3) ◽  
pp. 219-236
Author(s):  
Anne M. Cronin
Keyword(s):  
Public Relations ◽  
Significant Role ◽  
Social Relations ◽  
Empirical Studies ◽  
The Other ◽  
Economic Relations ◽  
Political Discourses ◽  
The One ◽  
The Relationship ◽  
Oriented Research

This article offers a sociological account of how we might analyse the relationship between contemporary practices and discourses of secrecy on the one hand, and those of transparency on the other hand. While secrecy is often framed in popular and political discourses as the antithesis of transparency, in reality, their relationship is more complex and co-constitutive than may initially appear. The article argues that understanding the interface between secrecy and transparency as a socially embedded dynamic can offer public relations scholarship productive avenues for both theoretically oriented research and empirical studies. In its role in the management of the secrecy−transparency dynamic, PR plays a significant role in actively creating social relations. This article aims to provide resources for assessing the strength of this dynamic in acting to structure social, political and economic relations, and offers new perspectives on how techniques employed to manage the secrecy–transparency dynamic – including public relations – are both embedded in such relations and act to shape them.

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.

scholarly journals Vectors of the Criminal Policy of Legal Regulation of Ccircumstances That Exclude the Criminal Character of an Action

2019 ◽  
Vol 13 (6) ◽  
pp. 992-1001
Author(s):  
Svetlana Parkhomenko ◽  
Sergey Milyukov ◽  
Andrey Nikulenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
Legislative Support ◽  
Substantive Law ◽  
Criminal Legislation ◽  
Current Stage

At the current stage of social development, the protection of the interests of a person, society and the state from publically dangerous infringements is reaching a conceptually new level. Russian and foreign legislation, as well as theoretical publications, are paying more and more attention to the possibilities of the lawful infliction of harm under the circumstances that preclude the criminal character of an action. The abovementioned norms have a special place in criminal or other legislation because they contain clauses that allow inflicting harm on public relations protected by criminal law. Criminal legislation, recognized worldwide as penal in its essence (e.g. the Penal Code — «penal» being the synonym of «retributive», «punitive» and «vindictive») still contains a specific chapter devoted to such circumstances and includes norms that define the conditions and grounds for inflicting harm on public relations protected by criminal legislation, and this harm is recognized as lawful and even publically beneficial. These norms should be viewed as a specific legal phenomenon not only in Russian, but also in foreign criminal legislation and other types of legislation. However, the analysis of law enforcement practice does not allow to judge the effectiveness of their use by both law enforcement employees and citizens who protects their lawful rights and interests against publically dangerous infringements or engage in other publically beneficial behavior. In our opinion, the problems of law enforcement are connected with legislative support, and specifically with the area of substantive law. The authors of the article summarize many possibilities of using the norms of Chapter 8 of the Criminal Code of the Russian Federation that have not been realized yet. They take into account and stress the isolation and independence of these norms, the necessity of their presence and reflection specifically in the criminal legislation. The authors also recommend to change the method of legal regulation of the circumstances that preclude the criminal character of the action and to use it as a basis for introducing significant changes in the contents of the abovementioned norms with the aim of improving the effectiveness of their enforcement in practice.

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