scholarly journals CORRUPTION COMBATING: A COMPARATIVE LAW ASPECT

2019 ◽  
Vol 1 ◽  
pp. 74-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Comparative Method ◽  
Criminal Liability ◽  
Comparative Law ◽  
Legal Issues ◽  
International Obligations ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The article is dedicated to the review of legal issues of corruption combating using a comparative method. The author notes the importance of such research for discharge of international obligations in the said sphere arising out of agreements entered into by the Russian Federation; the development of international cooperation in corruption combating; study of the most efficient anti-corruption solutions in place in other countries as to their possible use in the national laws. The publication reviews the issues of definition of such concepts as corruption, fight against corruption, corruption combating, criminal liability of legal entities for corruption-related offenses in various countries. Attention is focused on a comparison of the Russian and Chinese anti-corruption laws. The criminal, administrative, civil, disciplinary, economic and party types of the liability for corruption are singled out.

scholarly journals On the issue of introduction of criminal responsibility of juridical persons for corruption crimes

2014 ◽  
Vol 12 ◽  
pp. 43-47
Author(s):  
Aleksandr Vyacheslavovich Fedorov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Policy Development ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Entity ◽  
International Obligations ◽  
The Russian Federation ◽  
Legal Entities

The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.

Criminal Responsibility of Legal Persons for Corruption-Related Crimes

10.12737/7249 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Александр Федоров ◽  
Aleksandr Fedorov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Policy Development ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Entity ◽  
International Obligations ◽  
The Russian Federation ◽  
Legal Entities

The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences of the Russian Federation) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.

Die Einführung der strafrechtlichen Verantwortlichkeit juristischer Personen in Russland

2019 ◽  
Vol 65 (1) ◽  
pp. 93-105
Author(s):  
Sergey A. Markuntsov ◽  
Martin Paul Waßmer
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Historical Overview ◽  
Pros And Cons ◽  
The Russian Federation ◽  
Contemporary Practice ◽  
Legal Entities

This article examines considerations in the context of the introduction of criminal liability for legal entities - which is currently being discussed in Russia. It provides an historical overview of the discussions in this respect, and further sheds light on the contemporary practice of liability for legal entities in the Russian Federation, outlining the pros and cons of the institution of criminal liability for legal entities. Despite the fact that respective legislative draft laws were intiated in Russia, the country still remains one of the few countries in Europe where criminal liability for legal entities is currently not stipulated by law.

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

MONEY LAUNDERING FROM THE POINT OF VIEW OF THE SLOVAK AND RUSSIAN LEGISLATION

2020 ◽  
Vol 10 (2) ◽  
pp. 95-102
Author(s):  
MARGITA PROKEINOVÁ ◽  
◽  
NATÁLIA HANGÁČOVÁ
Keyword(s):  
Money Laundering ◽  
Russian Federation ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Point Of View ◽  
International Level ◽  
Significant Difference ◽  
The Russian Federation ◽  
Legal Entities

The article analyzes strategy regarding anti-money laundering policy in the Slovak Republic and the Russian Federation. Article also emphasises fight against money-laundering at the international level. Money laundering is the process of concealing illegal origin of money and bringing appearance of legality to money deriving from criminal activities. States have eminent interest to prevent such activities from occurring. Article focuses on the Slovak legislation concerning anti-money laundering including criminal liability of legal entities. Law which would enact criminal liability of legal entities in the Russian Federation was not adopted yet. Authors came to conclusion that legal acts of the Slovak Republic and the Russian Federation are similar but in certain areas they differ. One significant difference has been observed by authors.

Crime prevention through criminal liability of legal entities: problems of theory and law enforcement practice

2020 ◽  
pp. 216-224
Author(s):  
Mikhail Dvoretskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
International Organizations ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Authorities ◽  
Foreign Companies ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legal Entities

We investigate the possibility of introducing criminal liability of legal entities in the Criminal Code of the Russian Federation. We analyze the provisions of regulatory enactment providing for this substantial reform. We consider initiatives and projects proposed by public authorities to amend and supplement domestic legislation. We examine the positions of reputable ex-perts, famous scientists and high-demand practitioners, who express opposite opinions on the initiated correlations and participating in the discussion. We analyze the provisions of the conventions of international organizations pro-viding for the introduction of criminal liability of legal entities in the legisla-tion of member states, due to involvement in corruption crimes, if bribery of foreign officials and corporate corruption were used. The work discusses the provisions of the bill of 2015 finalized by the Investigative Committee of Russia on the introduction of criminal liability for legal entities for the com-mission of crimes contained in the current thirty eight articles of the Criminal Code of the Russian Federation, to which Russian, as well as a number of foreign companies and international organizations represented and separate units. We draw conclusions and make suggestions for further improvement of the Criminal code of the Russian Federation.

scholarly journals THE SCIENTIFIC SCHOOL OF PROFESSOR ANATOLIY V. NAUMOV

2019 ◽  
Vol 5 ◽  
pp. 3-12
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Law School ◽  
Scientific School ◽  
Russian Scientist ◽  
80Th Anniversary ◽  
Soviet Scientist ◽  
The Russian Federation ◽  
Legal Entities

The article is prepared in view of the 80th anniversary of a famous Russian scientist, Professor Anatoliy V. Naumov. The article analyzes A.V. Naumov’s views on the development of criminal law as a science and legislation; justifies presence of the scientific criminal law school he created. Anatoliy Valentinovich is acknowledged a law expert carrying on and developing the traditions of the Kazan criminal law school where he became a lawyer and a scientist. Is it noted that in his research A.V. Naumov recalls and quotes representatives of this school frequently and with deep respect: G.I. Solntsev, A.A. Piontkovskiy (senior) and A.A. Piontkovskiy (junior), G.S. Feldstein, B.S. Volkov. Among other things, A.V. Naumov analyzes G.I. Solntsev’s views who was the first Russian scientist to justify as early as in 1820 the need for acknowledging legal entities crime subjects and criminal liability subjects. Attention is paid to the fact that A.V. Naumov was the first Soviet scientist specializing in criminal law to support the institution of criminal liability of legal entities; the author reviews the approaches of Professor A.V. Naumov towards evaluation of the institution of criminal liability of legal entities and options for introduction of such liability in the Russian Federation.

scholarly journals PROBLEMS OF CRIMINAL - LEGAL ASSESSMENT OF REHABILITATION NAZISM AS AN INTERNATIONAL CRIME

2021 ◽  
Vol 31 (5) ◽  
pp. 882-890
Author(s):  
V.V. Rovneyko
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Crime ◽  
Criminal Liability ◽  
Criminal Code ◽  
Cooperation Agreement ◽  
Scope Of Application ◽  
The Russian Federation ◽  
Basic Concepts ◽  
Definition Of

The article deals with the problems of international law and criminal law related to the establishment of criminal liability for attempts to "rehabilitate Nazism" and the definition of signs of the corpus delicti for in Article 354 of the Criminal Code of the Russian Federation. In the article there are analyze correspondence of the signs of the corpus delicti by the nature and degree of crime public danger, and also concludes about necessary to conclude an international cooperation agreement for countering Nazism, adopt a national law defining the basic concepts and directions for such counteraction, as well as change the content of Article 354 of the Criminal Code of the Russian Federation in order to bring the nature and degree of public danger into line with those that a crime against the peace and security of mankind should possess, and that the scope of application of this article in attempts to rehabilitate Nazism was not limited only to the content of the verdict of the Nuremberg Tribunal, which, for all its indisputable significance, is not the only one international and court act condemning the crimes of the Nazis and their accessories.

Signs characterizing the person occupying the highest position in criminal hierarchy

2020 ◽  
pp. 75-80
Author(s):  
Александр Викторович Сенатов
Keyword(s):  
Russian Federation ◽  
Organized Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation

В связи с изменениями, внесенными Федеральным законом Российской Федерации от 01.04.2019 № 46-ФЗ «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в части противодействия организованной преступности» в уголовном законодательстве появилась ст. 210, предусматривающая уголовную ответственность за занятие высшего положения в преступной иерархии. Данное преступление имеет специальный субъект, обладающий дополнительными признаками, которые должны быть закреплены в законе. Однако в уголовном законодательстве, а также постановлениях Пленума Верховного суда Российской Федерации отсутствует определение данного понятия, а также признаки, в соответствии с которыми необходимо привлечь лицо к уголовной ответственности. В статье проанализированы научные определения «преступная иерархия», «иерархическая лестница уголовно-преступной среды», лицо, занимающее высшее положение в преступной иерархии, а также выделены конкретные признаки, характеризующие специальный субъект, закрепленный ст. 210 УК РФ. Рассматривается опыт борьбы с организованной преступностью в Республике Грузия, а также материалы следственной практики в отношении лица, привлекаемого к уголовной ответственности по признакам состава преступления, предусмотренного ст. 210 УК РФ. Due to the changes made by the Federal law of the Russian Federation of 01.04.2009 No. 46-FZ “On modification of the criminal code of the Russian Federation and the Criminal procedure code of the Russian Federation regarding counteraction of organized crime” to the criminal legislation there was Art. 210 providing criminal liability for occupation of the highest position in criminal hierarchy. This crime has a special subject with additional features that must be enshrined in the law. However, in the criminal legislation, as well as the decisions of the Plenum of the Supreme court of the Russian Federation, there is no definition of this concept, as well as signs according to which it is necessary to bring a person to criminal responsibility. The article analyzes the scientific definitions of “criminal hierarchy”, “hierarchical ladder of criminal environment”, the person occupying the highest position in the criminal hierarchy, as well as the specific features, fixed Art. 210 of the Criminal Code. The article also discusses the experience of combating organized crime in the Republic of Georgia, as well as materials of investigative practice in relation to a person brought to criminal responsibility on the grounds of a crime under Art. 210 of the Criminal Code.

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