Review of criminal cases against obstetricians and gynecologists during the last five years under Article 109 of the Criminal Code of the Russian Federation (causing death by negligence due to improper performance by a person of his/her professional duties)

2021 ◽  
Vol 1_2021 ◽  
pp. 5-11
Author(s):  
Gorbachev V.I. Gorbachev ◽  
Kozlov A.I. Kozlov ◽  
Netesin E.S. Netesin ◽  
Ershova Yu.V. Ershova ◽  
Gorbacheva S.M. Gorbacheva ◽  
...  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Russian Federation

Reasons to escape from a place of detention by convicts with the right of movement without convoy

2021 ◽  
pp. 525-526
Author(s):  
Nikita V. Cheremin
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Criminal Cases ◽  
Official Statistics ◽  
The Russian Federation ◽  
Large Material ◽  
The Right ◽  
Criminological Analysis

Dedicated to a topical topic for the penitentiary system of the Russian Federation (hereinafter referred to as the PS of the Russian Federation) – increasing the level of security, which is considered in the framework of a criminological analysis of the reasons for escaping from places of detention by a particularly considered category of convicts who are granted the right to travel without an convoy or escort. The commission of such a crime as es-cape not only disorganizes the activities of institutions executing punishment in the form of imprisonment, but also endangers public safety. The actions of the penitentiary system to organize a special operation to search for and arrest escaped criminals requires large material and physical costs. All this speaks of the relevance of the study, which can help in organizing preventive measures to prevent escapes. The purpose of the study was achieved by analyzing the criminal and penal legislation of the Russian Federation, analyzing official statistics, questioning and interviewing the heads of correctional institutions of the PS of the Russian Federation, as well as the special contingent; analysis of some decisions in criminal cases related to Article 313 of the Criminal Code of the Russian Federation for the period 2010–2020. As a result of the study, the characteristic reasons (objective and subjective) of the escapes of the investigated group of convicts were revealed, features are identified, which will allow in the future to organize preventive measures aimed at preventing and preventing escapes among convicts, who were allowed by the administration of the institution to have the right to leave the correctional institutions in order to economic service.

scholarly journals Problems of proving guilt in criminal cases in connection with tax evasion

2019 ◽  
pp. 170-176
Author(s):  
V. V. Dubrovin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Code ◽  
Control Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The establishment of an intentional form of guilt and its specific type is mandatory for the implementation of the provisions of Art. 8 of the Criminal Code. In criminal proceedings in connection with tax evasion, a direct intent should be established in the act of the accused, otherwise the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 28, 2006 No. 64 “On the practice of criminal law on liability for tax offenses”. One of the proofs of direct intent in the act of the accused may be the decision of the tax authority to prosecute for the tax offense, made according to the results of tax control measures (in-house or on-site tax audits). In the event that it establishes an imprudent form of the taxpayer’s guilt in committing a tax offense, in proving the guilt of the accused in the course of criminal proceedings there may be an intractable contradiction.

scholarly journals Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

2019 ◽  
Vol 13 (4) ◽  
pp. 651-660
Author(s):  
Natalya Artebyakina ◽  
Tatyana Makarova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Local Governance ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
False Information ◽  
Justices Of The Peace ◽  
The Russian Federation

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

scholarly journals On violation of the logic of the legal mechanism of bringing to justice for beatings and additional measures for their prevention

2021 ◽  
Vol 2021 (3) ◽  
pp. 178-185
Author(s):  
Aleksey Drozd ◽  
Aleksandr Ravnyushkin
Keyword(s):  
Domestic Violence ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Federal Law ◽  
Criminal Cases ◽  
Public Prosecution ◽  
Protective Orders ◽  
The Russian Federation ◽  
Legal Mechanism

The relevance of the research is determined by a legal gap in the current legislation, which lies in the fact that when bringing a person who has committed a crime under Article 116.1 of the Criminal Code of the Russian Federation repeatedly in relation to the same person to responsibility, the state of the criminal record of this criminal is not taken into account. In this case, a person who has unexpunged or outstanding convictions, when committing battery for the third time, according to common sense, should be brought to criminal responsibility, and not to administrative responsibility, as is currently the case. In order to eliminate this conflict, the authors propose to include part 2 of Art. 1161 of the Criminal Code of the Russian Federation, which provides for the liability of a person who has an unexpunged or outstanding conviction in relation to the same person. At the same time, the authors consider it necessary to include a group of criminal cases considered as cases of public prosecution to part 2 of Art. 1161 of the Criminal Code of the Russian Federation. The authors also see an urgent problem of the need to improve the effectiveness of the prevention of domestic violence through the inclusion of new legal means in legislation and law enforcement practice. Attempts to implement the norms of international acts providing for legal means of preventing domestic violence in the Russian Federation, as well as the study of foreign experience on this issue, according to the authors, looks ambiguous and is debatable. In particular, the issue of introducing protective orders and orders as administrative and legal means of preventing administrative offenses through the adoption of the federal law «On the Prevention of Domestic Violence in the Russian Federation» is being considered. According to the authors, taking into account the foreign practice, there are sufficient grounds to believe that protective prescriptions and some other means will not be able to confirm their effectiveness in Russia.

scholarly journals Legislator’s error: types, reasons, ways of correction

2019 ◽  
pp. 95-103 ◽  
Author(s):  
A. I. Rarog
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Political System ◽  
Criminal Code ◽  
Structural Elements ◽  
Criminal Cases ◽  
Special Part ◽  
General Part ◽  
The Russian Federation ◽  
Made In

The paper raises the question of the inevitability not only of judicial (in specific criminal cases) errors, but also of law enforcement errors (the practice of incorrect application of the criminal law established spontaneously or at the direction of higher judicial authorities), as well as legislative errors of political, system or technical nature. Considering the specific law-making mistakes made in the norms of the General Part and in each of the structural elements of many of the norms of the Special Part of the Criminal Code of the Russian Federation, the author notes the appreciable work of the legislator to eliminate errors with satisfaction. At the same time, the paper provides specific examples of errors that are repeatedly noted in the special literature, still yet to be corrected, and suggests ways to correct them, in particular, amending the Regulations of the State Duma of the Federal Assembly of the Russian Federation regarding the procedure for discussing bills.

scholarly journals FALSIFICATION OF ELECTION DOCUMENTS

2018 ◽  
Vol 22 (3) ◽  
pp. 165-171
Author(s):  
A. A. Degterev
Keyword(s):  
Russian Federation ◽  
General Structure ◽  
Basic Structure ◽  
Criminal Code ◽  
Criminal Cases ◽  
Classification Feature ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
Election Commission

The article is devoted to the analysis of the basic structure of the crime provided for in Art. 142 of the Criminal Code of the Russian Federation, which are considered debatable. This crime, in the general structure of crimes against electoral rights is about 65%. This circumstance, according to the author, indicates the social conditionality of the criminal-legal prohibition, the public danger of an act that grossly violates the conditions of the legitimacy of state power. In law enforcement practice, criminal cases are practically not initiated, which is due to a number of circumstances, including the legal uncertainty of a number of signs of the crime. The article deals with the essence of impeding the citizen's free exercise of his electoral rights and the right to participate in a referendum, violating the secrecy of voting, as well as obstructing the work of election commissions, referendum commissions or the activities of members of these commissions related to his performance of duties by falsifying election documents. As a classification feature, the author indicates the addressee of the relevant document: the voter; candidate; initiative group for holding a referendum; member of the commission with a casting vote; precinct election commission. The article provides the concept of what is referred to mandatory documents that are drawn up by the precinct election commission when carrying out actions with ballot papers. These include: an act on the receipt of ballots from a higher commission indicating their number; Act on the repayment of spoiled ballots (in the presence of such facts); an act on the conduct of voting outside the relevant premises; Act on the invalidation of ballots that were in a mobile box for voting. At the same time, the author points out that this classification has not lost its significance even at the present time. The author suggests the notion of an election document to be fixed in a note to art. 142 of the Criminal Code. The article reveals the characteristics of the main elements of the crime provided for in Art. 142 of the Criminal Code of the Russian Federation and compared with other views of Russian scientists.

Problems of investigation crimes envisaged Article 178 "Restrictionof competition" of the Criminal code of the Russian Federation

2018 ◽  
pp. 62-67
Author(s):  
E. N. Savina ◽  
A. A. Mitroshkina
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Russian Federation

The article contains an analysis of the problems of initiation and consideration of criminal cases on the basis of Art. 178 of the Criminal Code on the grounds of the conclusion of cartel agreements. The authors have identified the need to introduce a number of amendments in Art. 178 of the Criminal Code, as well as the need to develop common methods for calculating the amount of damage and income received as a result of the conclusion of the cartel agreement.

Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the Practice of the Courts’ Application of Legislation on Liability for Tax Crimes”: An Analysis of the Main Novels

2021 ◽  
pp. 18-24
Author(s):  
Igor O. Tkachev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Tax Evasion ◽  
Critical Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Current Version ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the statute of limitations for criminal liability. The author also draws attention to the refusal of the Supreme Court to define the category “concealment of funds or other property” for the purposes of applying Art. 199.2 of the Criminal Code of the Russian Federation. It is noted that such a refusal may lead to a broader interpretation by the courts of this criminal law norm.

scholarly journals Appropriate Correspondence with the Needs of Enforcement Practice: Myth or Reality

2019 ◽  
pp. 134-141
Author(s):  
N. A. Danilova ◽  
M. A. Grigoryeva
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Industrial Safety ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
Safety Requirements ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Hazardous Production ◽  
The Russian Federation

The modern features of the formation of judicial investigative and prosecutorial and supervisory practice are analyzed, attention is focused on how the decisions of the highest court exert influence on these processes. The authors analyze the shortcomings of the decisions of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 No. 46 “On some issues of judicial practice in cases of crimes against constitutional rights and freedoms of man and citizen (Articles 137, 138, 138.1, 139, 144.1, 145, 145.1 of the Criminal Code of the Russian Federation )» and dated November 29, 2018 No. 41 “On judicial practice in criminal cases concerning violations of labor protection requirements, safety rules during construction or other works, or industrial safety requirements of hazardous production facilities”.

scholarly journals The Columbine (School Shooting): Essence, Legal Qualifications, Forensic Diagnostics2

Lex Russica ◽  
2021 ◽  
pp. 62-76
Author(s):  
V. D. Nikishin
Keyword(s):  
Russian Federation ◽  
English Language ◽  
Criminal Code ◽  
School Shooting ◽  
Educational Institutions ◽  
Criminal Cases ◽  
Teachers And Students ◽  
The Russian Federation ◽  
Information Materials ◽  
Ideological Attitudes

The the paper is devoted to the results of a comprehensive legal and linguistic study of the "Columbine" ("school shooting") subculture from the standpoint of criminology, criminal law, forensic science and forensic speech studies. Despite some conventionality of the well-established term "school shooting" borrowed from the English language, the author proceeds from the fact that any form of violent actions in educational institutions committed by a student (group of students) or an outsider in relation to teachers and students using weapons and improvised means should be understood as school shooting.Empirically, the study is based on the publications of Russian and foreign scientists, the results of semi-automated monitoring of social networks for the promotion of school shooting, as well as materials of criminal cases held in the archives of the investigative departments of the Investigative Committee of the Russian Federation for the Volgograd, Moscow, Saratov, Tyumen, Chelyabinsk regions, Krasnoyarsk Territory and Republic of Khakassia. The author concludes that the the Columbine subculture is extremist-terrorist in its essence. The paper summarizes the most characteristic ideological attitudes of this subculture, signs of a person's involvement in the targeted community, examines the problems of the legal characterisation of school shooting acts and proposes criminalistic diagnostic complexes to examine extremist speech actions aimed at promoting Columbine. These complexes give a law enforcement officer clear criteria for recognizing information materials as extremist, as well as for holding liable or discharging an individual under Art. 205.2, 280, 282 of the Criminal Code of the Russian Federation depending on the presence or absence of mass executions propaganda aimed to intimidate the population in order to influence the authorities or other extremist motives.

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