scholarly journals Debatable aspects of constructing construction of corpus delicti in the sphere of economic activity (Chapter 22 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 15 (4) ◽  
pp. 560-567
Author(s):  
Oleg G. Solovyev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Code ◽  
Economic Consequences ◽  
Formal Structure ◽  
Linguistic Terms ◽  
Illegal Behavior ◽  
The Russian Federation

The article analyzes the features of the regulation of crimes in the field of economic activity with formal, material and truncated structures of the compositions in the 1996 Criminal Code of the Russian Federation. The author notes that the presence in Chapter 22 of the Criminal Code of the Russian Federation of a significant number of criminal-legal prohibitions containing a formal type of structure of a crime is criticized in the doctrine of criminal law and does not always meet the rules of criminalization of a socially dangerous act and the needs of law enforcement practice. The absence of signs characterizing the economic consequences (damage, avoidance of losses, etc.) in many dispositions with a formal structure does not allow us to speak of the presence of the level of social danger necessary for criminalization of the illegal behavior of economic entities. A number of crimes, in our opinion, should be legally transferred to the category of administrative offenses. The author notes that when designing complex alternative compositions, one should carefully select the necessary features with a homogeneous nature and level of public danger. Such alternative signs should be used in a situation where it is impossible to use abstract linguistic terms covering all the signs listed in the disposition. You should also avoid including false signs in alternative constructions of dispositions: repetitive, unreasonable criminologically, intersecting with other elements of crime, etc.

scholarly journals Crimes against peace and security of mankind (Chapter 34 of the Criminal Code of the Russian Federation): some problems of differentiating responsibility

2021 ◽  
Vol 7 (1) ◽  
pp. 109-114
Author(s):  
Yu. O. Goncharova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Controversial Issues ◽  
Illegal Behavior ◽  
Peace And Security ◽  
The Russian Federation

This article examines the problems of constructing norms on crimes against the peace and security of mankind (Chapter 34 of the Criminal Code of the Russian Federation), analyzes the controversial issues of regulating of the qualified behavior of the subjects of these attacks. It is obvious that in Russia the regulatory, including criminal law, instruments for countering crimes against the peace and security of mankind have not yet been finally formed and have not been properly tested in practice, the designs of the compositions do not always correspond to the needs of law enforcement practice and criminological foundations. The author focuses on the study of the gaps in the implementation of the normative differentiation of responsibility, the study of the features of consolidation of qualifying features in the articles of Chapter 34 of the Criminal Code of the Russian Federation. The article notes that the saturation of the qualifying signs of the investigated criminal law prohibitions is insufficient. Currently, only five articles (Articles 354, 354.1, 359, 360, 361) of this chapter contain qualified compositions. Obviously, during the formation of the investigated criminal law prohibitions in the mid-90s of the last century, the legislator did not pay due attention to their saturation with the necessary differentiating circumstances, taking into account the criminological content and the level of social danger of one or another illegal behavior that harms the peace and security of mankind. The article proposes a number of normative decisions to consolidate a number of qualifying circumstances in the norms of Chapter 34 of the Criminal Code of the Russian Federation, the content of the nature and level of social danger of individual encroachments is analyzed, the consideration of these circumstances in the construction of qualified corpus delicti is substantiated.

scholarly journals THE CONCEPT OF ACCOUNTS PAYABLE IN THE COMPOSITION OF CRIMES IN THE SPHERE OF ECONOMIC ACTIVIT

2020 ◽  
pp. 17-20
Author(s):  
A.G. Maksimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Civil Law ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Accounts Payable ◽  
The Russian Federation ◽  
Law Regulation

The norms of Chapter 22 of the Criminal Code of the Russian Federation are in the overwhelmingmajority of a blanket nature. Blanketness implies the need to appeal to other, in addition to criminal,branches of law to establish the content of a criminal law prohibition. However, the criminal law containsdefinitions that are not defined not only in the normative acts of various branches of law, but also in thelegal doctrine. Of course, such a situation significantly complicates the process of understanding the true content of the criminal law norm, as a result, can lead to significant errors in law enforcement. One ofthese definitions is “accounts payable”. The term itself is directly mentioned in the disposition of one normof the criminal law — Art. 177 (malicious evasion from paying off accounts payable). However, the term“accounts payable” must be established when qualifying a number of other acts, for example, such as unlawfulactions in bankruptcy, deliberate bankruptcy, fraud associated with deliberate failure to fulfill contractualobligations (parts 4 and 5 of article 159 of the Criminal Code of the Russian Federation). In this article,the author, on the basis of a comprehensive analysis of the economic content, civil law regulation and thespecifics of criminal law application, proposes his own approach to establishing the content of the conceptof “accounts payable”, which can be useful both in developing a model of effective criminal law protectionof economic activity, and and in the process of law enforcement.

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.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Criminological Characteristics and Prevention of Crimes Related to Illicit Trafficking of Special Technical Means for Secret Obtaining of Information (Regional Aspect)

2018 ◽  
Vol 9 (3) ◽  
Author(s):  
Evgeny Usov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Technological Development ◽  
Criminal Code ◽  
Irkutsk Oblast ◽  
Regional Aspect ◽  
The Russian Federation ◽  
Illicit Trafficking

The process of technological development of the society involves the emergence of not only new opportunities, but also new potential threats. Special technical means for secret obtaining information are the devices with unique characteristics that determine their use in law enforcement. At the same time, illegal trafficking of these devices poses a threat to the objects of criminal law protection. The article analyzes the crimes, as provided for by Art. 138.1 of the Criminal Code, committed on the territory of Irkutsk Oblast over the period from 2011 to 2017. It brings forth the criminological features of crimes, as provided for by Art. 138.1 of the Criminal Code of the Russian Federation, committed on the territory of Irkutsk Oblast: it describes the typical methods and time of committing crimes, the peculiarities of the criminals' personality. In addition, this paper offers measures to counteract this type of crime. It gives a criminological characteristics of the crimes connected with illicit trafficking of special technical means for secret receiving of information.

Criminal law. General part

2021 ◽  
Author(s):  
Ivan Dvoryanskov ◽  
Elena Antonyan ◽  
Sergey Borovikov ◽  
Natal'ya Bugera ◽  
Aleksandr Grishko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Federal State ◽  
General Part ◽  
The Russian Federation ◽  
State Educational ◽  
Criminal Legislation

The textbook is prepared in accordance with the provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, federal laws, international legal acts. The concepts, categories and institutions of the General Part of criminal Law are considered in detail. All changes in the criminal legislation have been taken into account, and the latest scientific, educational and methodological literature on criminal law has been used. The material is presented in an accessible form for effective assimilation of the training course. The publication contains regulatory legal material as of May 1, 2021. Meets the federal state educational standards of higher education of the latest generation in the areas of training 40.03.01 "Jurisprudence", 40.05.01 "Legal support of national security", 40.05.02 "Law enforcement", 40.05.03 "Forensic examination", 40.05.04 "Judicial and prosecutorial activities". For students, cadets, trainees studying in these areas of training, judges, law enforcement officers, as well as for anyone interested in criminal law issues.

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 Criminal Liability for Violation of the Rules of Creation, Operation, Repair or Other Interaction with Robots and Autonomous Robots

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Ildar Begishev
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Autonomous Robots ◽  
Criminal Liability ◽  
Criminal Code ◽  
Computer Equipment ◽  
The Russian Federation ◽  
Key Drivers

Currently, robotics, along with other end-to-end technologies, is one of the key drivers of the digital economy. Robots are already successfully used in industry, agriculture, construction, aviation, and many other sectors of economic activity. Robots, due to their inherent properties, can not only store, process, and transmit information, but also perform certain mechanical actions, in accordance with the algorithms of their computer programs. The models of criminal law regulation that have been developed and are applied to the operators of computer equipment can not be fully adapted to the regulation of robots and are not fully relevant for the purposes of protecting public relations that develop in connection with their functioning. Robots, depending on their tactical and technical characteristics, can be a source of various threats, some of which create a danger of harming interests protected by criminal law and, under unfavorable circumstances, can realize this danger. Therefore, activities related to the development, operation and repair of robots must be consistent with the criminal law norms of a prohibitive nature. To ensure the safe and uninterrupted creation, operation, repair or other interaction with robots and autonomous robots, as well as to prevent harm in the course of the functioning of such robots, it is possible to propose to the legislator to supplement the Criminal Code of the Russian Federation with a separate norm on liability for violation of the rules of creation, operation, repair or other interaction with such robots.

scholarly journals Some trends in the decriminalization of acts in the sphere of economic activity

2018 ◽  
pp. 64-70
Author(s):  
Yuriy Ivanovich Kuleshov ◽  
Anton Vitalevich Bykov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
The Russian Federation

The authors critically assess the emerging legislative practice of novelization of the Criminal Code of the Russian Federation. The paper establishes an avalanche-like process of introducing new crimes into the criminal law, often duplicating existing ones. Considering this phenomenon using the example of acts committed in the sphere of economic activity, a number of conclusions are formulated in the article on the basis of a comprehensive analysis of draft laws and adopted laws. The author argues about the tendency to introduce administrative prejudice into the criminal law, criticizes the criminalization of acts that clearly do not differ from the increased public danger from administrative and other offenses, formulates a conclusion about the advisability of decriminalizing certain types of crimes. In particular, according to the authors, it is necessary to change the design of Article 238 of the Criminal Code of the Russian Federation, excluding the formal composition of the crime.

scholarly journals Failure to report a crime (Art. 205.6 of the Criminal Code of the Russian Federation): Problems of Interpretation and Law Enforcement

2021 ◽  
Vol 2021 (4) ◽  
pp. 197-201
Author(s):  
Ludmila Tarasova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Reliable Information ◽  
The Russian Federation ◽  
Source Of Information

The relevance of the problems of interpretation and enforcement of prosecution for failure to report the person (s) preparing, committing and committing the crimes provided for in the disposition of the norm and not prosecuting for failure to report the acts provided for by Article 205.6 of the Criminal Code of the Russian Federation, provided there is no information about the person (persons) who committed it, contributes to the effectiveness of countering terrorism. Evaluating the generally positive norm of the Criminal Law provided for in Article 205.6 of the Criminal Code of the Russian Federation, it is proposed to change the name to “Failure to report a terrorist crime”, which will eliminate discrepancies with the disposition of the norm; information about a committed or committed crime, listed in the disposition of this provision, fixing in the disposition of criminal liability for failure to report grave and especially grave crimes. It is recommended in the comments to the article to clarify the concepts:“reliable information”, “the source of information” and “the method of obtaining such information”.

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