scholarly journals Criminal Laws and Judicial Practice in Punishment Imposition to Minors

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 12-16
Author(s):  
Tatyana I. Egorova ◽  
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Law ◽  
Psychological Characteristics ◽  
Special Consideration ◽  
Secondary Victimization ◽  
Judicial Practice ◽  
Enforcement Officer ◽  
Age Related ◽  
Principles Of Justice

The article is devoted to legislative and law enforcement problems of sentencing minors as special subjects of criminal law relations. In this aspect, to a certain extent, the essential socio-psychological characteristics of the considered category of convicts are analyzed in detail, related to their position dependent on society and incomplete formation of intellectual and volitional qualities. These circumstances assume that they are taken into account while observing the principles of justice and humanism, which make it possible to ensure the proportionality of the measure of criminal law enforcement, the nature and degree of public danger of the crime, the identity of the perpetrator, as well as security from criminal infection and secondary victimization. Special consideration should be given to the characteristics of the perpetrator’s personality, as well as the significance of the sentence imposed for age-related socialization and crime prevention. It is concluded that the orientation of the law enforcement officer to impose punishment that is not associated with isolation from society should be supported by other criminal law institutions that are specially modified for this category of persons.

scholarly journals PROBLEMS OF ENFORCEMENT OF NORMS PROVIDING RESPONSIBILITY FOR ECOLOGICAL CRIMES 

2019 ◽  
Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Judicial Practice ◽  
Key Points ◽  
Environmental Crimes

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.

scholarly journals Certain Aspects Of The Subjective Side Of Corpus Delicti, Committed By A Law Enforcement Officer Is Of Criminal Value

2019 ◽  
pp. 3-12
Author(s):  
I.V. Bahan
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Constitutional Rights ◽  
Strict Adherence ◽  
Enforcement Officer ◽  
Correct Definition ◽  
Correct Determination ◽  
Law Enforcement Officer ◽  
Subjective Side

Annotation. Under criminal law, a person can be held liable only when he or she commits a socially dangerous act. Liability only in the presence of guilt is one of the most important principles of criminal law that underlies it. At the present stage of the development of our society, the need for strict adherence to the principle of the presumption of innocence and, at the same time, the inevitability of criminal responsibility for the perpetration of a socially dangerous act, is growing significantly. Adherence to these principles in the activities of pre-trial investigation bodies and the court will contribute to the protection of citizens’ constitutional rights and freedoms, and the correct determination of the subjective side of the crime is crucial in this respect. The subjective side of a crime is the inner side of a crime, that is, the mental activity of a person, which reflects the attitude of his / her consciousness and will to the socially dangerous act he / she commits and to its consequences. The value of the subjective side lies in the fact that due to its correct definition, the proper qualification of the act and its delimitation from other crimes is carried out, the degree of public danger of the act and the person who committed it is established, and the possibility of his/her release from criminal responsibility and punishment is resolved. The article is devoted to the investigation of the subjective side of the corpus delicti, committed by law enforcement officer is of criminal value, disclosure of its essence and content. Characteristics of the subjective side of crimes, committed by a law enforcement officer is of criminal value, in particular, guilt, motive, purpose of this category of crimes are characterized. Conclusions are made and proposals are formulated for improving the relevant criminal law provisions; various scientific researches related to this topic are examined.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals Criminal legal consequences of socially dangerous acts that are not criminal: an overview of judicial practice, law enforcement trends

2018 ◽  
Vol 6 (4) ◽  
pp. 51-55
Author(s):  
Виктория Панарина ◽  
Victoriya Panarina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Judicial Practice ◽  
Current Trends ◽  
Legal Consequences

The article is devoted to the problems of criminal law consequences of socially dangerous acts that are not criminal (compulsory medical measures and compulsory educational measures). The author conducts a study of judicial practice in this category of cases and draws conclusions about current trends in law enforcement.

scholarly journals About Some Problems of Criminal liability Regulation for Terror Crimes

2018 ◽  
pp. 21-24
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Practice Improvement ◽  
Judicial Practice ◽  
Individual Article ◽  
Financing Of Terrorism ◽  
Criminal Legislation

The article is devoted to the problem of criminal legal responsibility regulation for terror crimes. The authors analyze the legislative design of such crime compositions, provided by Ch. 24 of the current RF Criminal Code, first of all, the novels included in the Criminal Law in 2013 - 2017, the sanctions on criminal law norms, as well as the effectiveness of their implementation in practice. Critical remarks are made and proposals are introduced aimed at criminal legislation, as well as law enforcement practice improvement. The authors raise the problems of punishment imposition for committed crimes, in particular, criticize the legislator’s position on the imposition of less stringent sanctions for more dangerous forms of assistance to terrorists, and on the imposition of stricter sanctions for less dangerous forms of assistance to terrorism. Judicial practice is analyzed with the purpose to reveal the effectiveness of individual article provision application from RF Criminal Code. They performed the comparison of the criminal law revisions, and they analyzed the introduced changes. The authors make specific proposals to amend certain provisions of the criminal law, in particular, on the criminalization of responsibility for the financing of terrorism as an independent crime.

scholarly journals PARADIGMA KEADILAN RESTORATIF DALAM PENANGGULANGAN KEJAHATAN DENGAN MENGGUNAKAN HUKUM PIDANA

2017 ◽  
Vol 33 (1) ◽  
Author(s):  
Gregorius Widiartana
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Crime Prevention ◽  
Criminal Law ◽  
The Law

ABSTRACTThe criminal law that has been used as one of the means to eridicate crime is built on a retributive paradigm, so its repressive and coercive nature dominates. Based on the retributive paradigm, crime prevention is the sole authority of the law enforcement apparatus. Crime prevention based on the retributive paradigm is also offender oriented. Unlike the retributive paradigm, the paradigm of restorative justice offers another way of dealing with crime. In the retributive paradigm of justice, the sanction imposed does not aim to take revenge on the perpetrators of crime but rather sanctions that can arouse the perpetrator's responsibility for the suffering of the victim or sanction aimed at restoring the suffering of the victim. According to the paradigm of restorative justice, the process of solving crimes is done by involving perpetrators, victims and the community. Keywords: crime prevention, criminal law, retributive, restorative justice. INTISARIHukum pidana yang selama ini dipakai sebagai salah satu sarana untuk menangulangi kejahatan dibangun atas dasar paradigma retributif, sehingga sifatnya yang represif dan koersif begitu mendominasi. Berdasar paradigma retributif, penanggulangan kejahatan merupakan kewenangan tunggal aparat penegak hukum. Penanggulangan kejahatan berdasar paradigma retributif juga bersifat offender oriented. Berbeda dengan paradigma retributif, paradigma keadilan restoratif menawarkan cara lain dalam menanggulangi kejahatan. Dalam paradigma keadilan retributif, sanksi yang dijatuhkan tidak bertujuan untuk melakukan pembalasan terhadap pelaku kejahatan melainkan sanksi yang dapat menggugah tanggung jawab pelaku terhadap penderitaan korban atau sanksi yang bertujuan untuk memulihkan penderitaan korban. Menurut paradigma keadilan restoratif, proses penyelesaian kejahatan dilakukan dengan cara melibatkan  pelaku, korban dan masyarakat. Kata kunci: Penanggulangan kejahatan, hukum pidana, retributif, keadilan restoratif.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

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