scholarly journals The Development of the Legal Position of Legal Entities in Russian Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 48-53
Author(s):  
Galina I. Sedova ◽  
◽  
Yulia V. Drazhevskaya ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Entity ◽  
State Register ◽  
Procedure Code ◽  
Legal Position ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.

scholarly journals On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities

2021 ◽  
Vol 15 (1) ◽  
pp. 98-105
Author(s):  
Olga Aivazova ◽  
Galina Vardanyan ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Relevant Information ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good de­finition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

scholarly journals The essence and problems of substantiating certain types of decisions in criminal proceedings

2021 ◽  
Vol 136 (3) ◽  
pp. 98-104
Author(s):  
V.V. Djafarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Procedure Code ◽  
Mandatory Requirement ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Procedural Decisions

The article considers problems of substantiating certain types of decisions in the criminal process. The author’s views are based on recent changes in the criminal procedure legislation of the Republic of Kazakhstan and the existing experience of the Russian Federation. The article focuses on provisions of the current criminal procedure code of the Republic of Kazakhstan. The author refers to Russian proceduralists whose works are devoted to the problems of studying the validity of procedural decisions at the pre-trial stage. The author indicated types of decisions, which are not recognized as criminal procedural, but for which justification should be a mandatory criterion according to the criminal procedural legislation of the Republic of Kazakhstan. The article provisions justify the need to enshrine the definition of «reasonableness» in the Criminal Procedure Code of the Republic of Kazakhstan as a mandatory requirement that must be met when taking decisions by the prosecuting authorities.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals PECULIARITIES OF ALIENATION OF LEGAL ENTITY’S PROPERTY DURING BANKRUPTCY PROCEEDINGS/ COMPARATIVE LEGAL ANALYSIS OF THE SPECIAL LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (44) ◽  
Author(s):  
Ie. Ryzhkova ◽  
I. Lykina ◽  
O. Karlyugin
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Entity ◽  
Financial Difficulties ◽  
Procedure Code ◽  
Bankruptcy Procedure ◽  
The Russian Federation ◽  
Legal Entities

Business bankruptcy is a widely used tool for solving a company’s financial difficulties and is used by many business representatives worldwide. This article reveals the bankruptcy concept, gives its characteristics, analyzes the procedure for alienating the property of bankrupts of legal entities, and formulates a conclusion on the article’s subject. At the end of 2019, the Code on Bankruptcy Procedures entered into force in Ukraine. The novelties of the bankruptcy procedure in the Russian Federation have been in power for four years, since October 2015. Undoubtedly, the neighboring country's experience was taken into account by Ukrainian legislators. Therefore, we decided to compare the conditions of bankruptcy and the peculiarities of alienation of the legal entity’s property during the period of bankruptcy proceedings under the laws of the Russian Federation and Ukraine.Keywords: bankruptcy, bankruptcy procedure, Code of Ukraine on Bankruptcy Procedures, creditors, debtor, bankrupt, bankruptcy of a legal entity, property, federal 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.

scholarly journals Grounds for Involving a Legal Entity as a Civil Defendant in Criminal Cases

2021 ◽  
Vol 16 (4) ◽  
pp. 133-141
Author(s):  
Yu. V. Drazhevskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Civil Code ◽  
Criminal Proceedings ◽  
Property Damage ◽  
Legal Entity ◽  
Insurance Premiums ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation

The current Criminal Procedure Code of the Russian Federation makes it possible to involve a legal entity as a civil defendant only if, in accordance with the Civil Code of the Russian Federation, it is liable for harm caused by a crime. This prevents the prosecution in all necessary cases, in particular for tax crimes. This is because in the criminal procedure, property damage caused by tax crimes is made up of taxes, fees, insurance premiums, which are not property damage in civil law due to various objects of legal relations. Therefore, they are not subject to compensation in accordance with the Civil Code of the Russian Federation, but are collected in accordance with the procedure RF Tax Code and RF APC. At the same time, legal entities being taxpayers who failed to pay taxes are obliged to compensate for the damage caused by a tax crime, constituting the unpaid amount of taxes, fees, insurance premiums. This is to be fulfilled not in accordance with the Civil Code of the Russian Federation, but in accordance with the Tax Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. Due to the lack of legal grounds for involving a legal entity in criminal proceedings as a civil defendant, in practice, an individual is often involved in this case. It is against him criminal proceedings are being carried out, which subsequently leads to the cancellation of sentences in terms of imposing civil liability on an ineligible person instead of a taxpayer-organization. The paper substantiates the need to include in the Criminal Procedure Code of the Russian Federation a new basis for involving a legal entity as a civil defendant, namely the existence of an obligation in accordance with the Tax Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation to pay taxes, fees, insurance premiums. This will make it possible to exclude the recovery of property damage for tax crimes from employees of the organization in respect of whom criminal proceedings are being carried out, in the presence of a solvent legal entity-taxpayer.

scholarly journals Problems of Determining the Guilt of Legal Entities in Administrative Law

2021 ◽  
Vol 7 (5) ◽  
pp. 413-417
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Code ◽  
Legal Entity ◽  
Central Focus ◽  
Legal Science ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The problem of determining the guilt of a legal entity for an administrative offense is currently very relevant in legal science. This problem is the central focus of this work. However, in order to fully disclose the problem of determining the guilt of legal entities, the article highlights the problems that are associated with the concept of a legal entity and its essence. The presented paper lists the approaches to determining the essence of a legal entity. The concept of a legal entity in accordance with the Civil Code of the Russian Federation is given. The article analyzes the concept of a legal entity under civil law with the concept of an organization, which is defined in the science of sociology. This article gives the concept of a collective subject. And also, the correlation of the concept of a collective subject and the concept of a legal entity is considered. Further, the article identifies three main approaches to determining the guilt of legal entities in administrative law: subjective, objective and complex, and also expresses the opinion of the authors of the article about the approaches under consideration. The paper presents the author’s conclusions and possible solutions to problems related to the concept of a legal entity and the definition of the legal entity’s guilt in administrative law for administrative offenses.

CRIMINAL PROCEDURE ISSUES OF THE STATUS OF A PRIEST AS A PARTICIPANT IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 7 (4) ◽  
pp. 183-195
Author(s):  
Sergey V. BOLOTIN ◽  
Natalia V. SIDOROVA
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Terra Incognita ◽  
Procedure Code ◽  
Scientific Disciplines ◽  
The Status ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of

The article is devoted to one of the undefined terms used in the Criminal Procedure Code of the Russian Federation — “priest”. The relevance and novelty of this study is due to the fact that, in practice, this issue is terra incognita not only in the science of criminal procedure, but also in related scientific disciplines. The purpose of the current work is to try to identify approaches to defining the content and essential features of this concept. The article presents historical and factual moments that reveal the essence of the main carriers of religious functions on the example of four confessions operating in Russia. On the basis of comparative, etymological, logical methods of analysis of the powers and appointment of various representatives of the main religions in Russia, the authors make such conclusion that it is impossible to use the term “priest” in an equal sense for all the studied confessions. The authors of this article also propose a definition of the investigated term in the Criminal Procedure Code of the Russian Federation, as well as determine the corresponding body of the Government of Russia, which could be entrusted with the responsibility of officially interpreting the terminology on this issue.

scholarly journals Goals and Tasks (Purpose) of Criminal Proceedings

2020 ◽  
Vol 17 (3) ◽  
pp. 386-393
Author(s):  
Kirill Naumov
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Russian Federation ◽  
Criminal Procedure ◽  
The State ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Structure ◽  
Procedure Code ◽  
The Russian Federation

The relevance of the problem covered is explained by the essence of goal-setting of any activity, which determines its final result and procedural structure. The direction of actions of state bodies in responding to crimes depends on it, as well as the arsenal of means provided for this to the law enforcement officer. The Criminal Procedure Code of the Russian Federation does not have a norm directly formulating the goal and objectives of criminal judicial proceedings. The legislator has applied such a non-standard category as “purpose”, which replaced the customary provisions that existed for more than 40 years on the tasks of criminal proceedings, enshrined in the previously existing code. Since the procedural law does not name the goals and objectives of the criminal process, the analysis of the target settings of modern criminal justice, the essence of the categories “purpose”, “goal”, “task”, their correlation and meaning is of particular importance. The Author analyzes the points of view of the processors of the pre-revolutionary and modern periods. The conclusion about the differentiation of the given concepts is made. Unlike the views of most scholars, the Author believes that purpose and goal are identical concepts, since they determine the final result of procedural activities. The goal is seen as the end result of the activity, and the task is determined by the goal and is considered as the result of its separate stage. Therefore, the Author conditionally correlates these categories as general (goal) and particular (task). There can be many tasks, and they are subject to changes under certain conditions, and the goal is always the same. The goal of any criminal process is determined by the need to streamline the dispute between the parties arising from the crime committed. The absence of clearly formulated elements of goal-setting prevents the assessment of the effectiveness of activities to resolve a criminal-legal conflict. The flaws in the legal structure of teleological norms of the current Criminal Procedure Code of the Russian Federation are noted. On the basis of a comparison of the views of procedural scholars, analysis of regulatory legal acts, the author came to the conclusion that the result of the criminal process should be the protection of the rights and legitimate interests of individuals, organizations, society and the state from criminal encroachments; protection of the individual from illegal and unjustified accusations, convictions, restrictions on his rights and freedoms. The tasks, despite their uncertainty from the point of view of legal regulation, constitute an established formula: quick and complete disclosure of a crime, the appointment of a just punishment to the guilty, education and prevention. The Author believes that the current structure of norms on the appointment of criminal proceedings does not reflect the absolute need to protect the interests of society and the state, and also does not define specific tasks as a guideline for the law enforcement officer to fulfill them in each criminal case in order to achieve this goal. Therefore, we propose our own legal structure of the norm on the tasks of legal proceedings, complementing the current provisions.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

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