Features of the legal consolidation of the concept of "insignificant act" in the criminal legislation of Mongolia

nauka.me ◽  
2021 ◽  
pp. 81
Author(s):  
Tatyana Lozovskaya
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
Criminal Legislation

The article examines the features of the legal regulation of the concept of "insignificant act" in accordance with the criminal legislation of Mongolia. According to the author, it is necessary to supplement the current Criminal Code of the Russian Federation with a provision that takes into account the danger of an individual when qualifying an act as insignificant to fill the identified gap in law.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

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.

scholarly journals Criminal infraction as a mean of differentiating criminal responsibility and punishment

2021 ◽  
Vol 2 (12) ◽  
pp. 62-67
Author(s):  
E. A. BABAYANTS ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

Legal Regulation of Prohibition of Discrimination in Criminal Legislation of Russia and Moldova

10.12737/5505 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 93-102
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Equal Rights ◽  
Constitutional Principle ◽  
Official Position ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a comparative analysis of the legal measures to combat discrimination in the criminal legislation of the Russian Federation and the Republic of Moldova. Such a problem as regulation in the criminal law of antidiscrimination is active a large scale. In the Russian criminal legislation important legal guarantee the constitutional principle of equal rights and antidiscrimination is article 136 of the Criminal Code of the Russian Federation (Violation of equality of rights and freedoms of man and citizen). Meantime, as illustration the analysis of international antidiscrimination standards and trends to expand of these prescriptions in the legislation of CIS states, this criminal norm is far from perfect. The liability for discrimination can not be treated in direction with the commission of using official position. In our view, preventive legal prohibition in the article 136 of the Criminal Code of the Russian Federation will be significantly enhanced if to ask: 1) the return of criminal liability for discrimination of any individuals; 2) criminalization new aggravating circumstances.

scholarly journals Analysis of the criminal legislation of France, England and Spain about responsibility for lecherous actions

2021 ◽  
Vol 27 (4) ◽  
pp. 186-191
Author(s):  
Valeria A. Demidovich
Keyword(s):  
Russian Federation ◽  
Practical Experience ◽  
Legal Regulation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Job Responsibilities ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of this article is to analyse the existing legal regulation of acts that are part of the crime under Art. 135 of the Criminal Code of the Russian Federation, in the criminal legislation of foreign countries. This analysis is aimed at improving Russian legislation in terms of counteracting the commission of these crimes. The author outlines the problem of qualifying lecherous actions both in Russian and foreign legislation. The category of “lecherous acts” in the understanding of Russian legislation and its correlation with similar acts in foreign countries has been investigated. The legislative and practical experience of England, Spain and France in this area is analysed, the advantages and disadvantages of the legal regulation of lecherous actions are highlighted. Positive experience is presented as proposals for optimising Russian legislation providing for liability for lecherous acts, it is proposed to give a legal assessment of the acts provided for Art. 135 of the Criminal Code of the Russian Federation, committed with the use of telecommunication networks by persons who are legal representatives of minors, as well as persons whose job responsibilities include providing care, upbringing and rendering educational services, since the commission of a crime under Art. 135 of the Criminal Code of the Russian Federation in these conditions is a greater public danger.

COMPARATIVE LEGAL ANALYSIS OF THE BREACH OF DUTIES OF THE JUVENILE PERSON UPBRINGING IN THE CRIMINAL LAW SYSTEMS OF RUSSIA AND INDIVIDUAL FOREIGN COUNTRIES

2020 ◽  
Vol 10 (6) ◽  
pp. 159-167
Author(s):  
SVETLANA POMNINA ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Holistic View ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

Objectives: Particular issues of comparative analysis of the liability regulation for the breach of duties of the juvenile person upbringing in the criminal law systems of Russia and foreign countries are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norms specified in the Article 156 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: Comparative legal study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of personal actions that consists in breach of duties of the juvenile person upbringing under the Russian criminal code. This reason demands a competent scientific and legal assessment upon the experience of their legal regulation in the norms of foreign criminal law. Conducted comparative analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility for committing a crime under article 156 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Within the framework of this article, a change of the norm wording of the Article 156 of the Criminal Code of the Russian Federation would be justified by the need to implement the particular provisions of the criminal legislation of individual foreign countries. Therefore, this action will help to increase the effectiveness of its application. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

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.

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