scholarly journals Corruption-Related Crime from the Perspective of “Dead-Letter” Articles of the Criminal Code of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 51-54
Author(s):  
Aleksandr N. Sukharenko ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Main Principle ◽  
Law Enforcement Agencies ◽  
The Social ◽  
The Russian Federation

Despite the measures taken by the state, corruption remains one of the most serious threats to Russia’s national security. In recent years, the legislator has paid increased attention to toughening criminal liability for corruption crimes, the list of which is enshrined at the subordinate (interdepartmental) level. Taking into account the social danger of this problem, we carried out a detailed analysis of the state and dynamics of corruption crime in the country, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of “dead” articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and neutralize its main principle — the inevitability of liability for crimes.

scholarly journals Countering corruption in the context of the coronavirus pandemic

2021 ◽  
Vol 1 ◽  
pp. 58-60
Author(s):  
A.V. Kurakin ◽  
◽  
A.N. Sukharenko ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Detailed Analysis ◽  
Criminal Code ◽  
Main Principle ◽  
Law Enforcement Agencies ◽  
The Social

Despite the COVID-19 coronavirus epidemic, corruption remains one of the most serious threats to Russia’s national security. Taking into account the social danger of this problem, we carried out a detailed analysis of the dynamics of corruption crime in the country for 10 months of 2020, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of unclaimed articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and level its main principle — the inevitability of punishment for corruption crimes.

scholarly journals On exemption from criminal liability for unlawful restriction of competition (the Article 178 of the Criminal Code of the Russian Federation)

2021 ◽  
pp. 1-13
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the notes to the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses; foreign antimonopoly legislation on exemption and mitigation of liability for cartels; decisions of the plenums of higher judicial instances of the Russian Federation regarding the grounds and procedure for exemption from liability for cartel agreements; draft of the federal law on introducing amendments to the Article 178 of the Criminal Code of the Russian Federation and antimonopoly practice on cartels. The article aims to examine the grounds for exemption from criminal liability for cartel agreements, including in comparative-legal and interdisciplinary aspects. The novelty of this research consists in establishing extension of the grounds for exemption from liability in the Russian legislation to all cartel participants (unlike foreign legislation, according to which the cartel facilitator is not exempt from liability). This article is firs to provide interpretation to scantily studied questions of the procedure for realization of the conditions of exemption from criminal liability: the instance, when the cartel participant is still able to declare the restriction of competition to law enforcement agencies, and other measures of reparation of the inflicted damage. The author proposes a method for unification of the the grounds for exemption from liability stipulated by the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses. The acquired results can be applied in the activity of law enforcement agencies.

scholarly journals The prevalence of petty bribery as a principle of establishing a criminal prohibition for its commission

2021 ◽  
Vol 2021 (4) ◽  
pp. 57-62
Author(s):  
Mihail Alaf'ev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Main Method ◽  
The Russian Federation ◽  
Relative Prevalence ◽  
Legislative Decision

Numerous changes in the criminal law associated with the emergence of new norms providing for responsibility for criminal liability inevitably raise the question of the validity of criminalization. Its positive solution is possible only if the new criminal law prohibition is established in accordance with the principles of criminalization, one of which is the relative prevalence of the act. The article is devoted to the assessment of the prevalence of petty bribery in order to determine the correctness of the legislative decision to establish independent criminal liability for this crime (Article 2912 of the Criminal Code of the Russian Federation). The main method of research is a statistical method that allows us to establish the prevalence of bribery in the amount not exceeding 10 thousand rubles at the time of the adoption of this legislative decision, and also during the period of validity of article 2912 of the Criminal Code of the Russian Federation, the share of the analyzed crime in the structure of bribery and corruption offences. In addition, the author analyzed 120 sentences of courts for petty bribery. As a result of the research, the author concludes that petty bribery is a fairly common offence in the structure of both bribery and corruption crimes, which indicates its public danger and the validity for the criminal prohibition of its commission. It was established that the establishment of a separate norm on liability for petty bribery allowed law enforcement agencies focusing the efforts to counteract bribery in the amount of more than 10 thousand rubles.

scholarly journals ОСНОВАНИЯ СМЯГЧЕНИЯ И ИСКЛЮЧЕНИЯ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА КАРТЕЛИ НА ТОВАРНЫХ РЫНКАХ

2019 ◽  
Vol 53 (4) ◽  
pp. 136-152
Author(s):  
Anna V. Danilovskaya
Keyword(s):  
National Security ◽  
Russian Federation ◽  
State Policy ◽  
Criminal Liability ◽  
Criminal Code ◽  
Commodity Markets ◽  
The State ◽  
Economic Feasibility ◽  
Austrian School ◽  
The Russian Federation

Предупреждение и пресечение картелей как одной из угроз национальной безопасности является приоритетным направлением современной конку-рентной политики государства. Однако картели на товарных рынках (исключение – сговоры на торгах) имеют особую природу, о чём свидетельствуют разное отношение к картелям в отдельные периоды времени, позиции некоторых экономических учений и современные взгляды. Так, представители австрийской школы выступают за отмену борьбы с картелями в принципе. В различных научных источниках встречаются предложения о признании на законодательном уровне экономической целесообразности картельных соглашений в сфере НИОКР, инноваций, при реализации проектов, направленных на модернизацию и структурную перестройку отраслей, о необходимости изменения отношения к картелям, о смягчении государственной политики в отношении соглашений такого рода. Современная антимонопольная политика характеризуется жёстким запретом картелей, заключение которых влечёт уголовную ответственность при наличии всех признаков преступления. Между тем проведённое исследование позволяет сделать вывод о том, что при наличии определённых обстоятельств заключение картеля может быть экономически полезным, а значит юридически обоснованным и оправданным, чему должна при необходимости даваться соответствующая уголовно-правовая оценка. УК РФ содержит необходимые инструменты для учёта многих обстоятельств деяния, содержащего признаки преступления, при решении вопроса о привлечении к уголовной ответственности за картели. Prevention and suppression of cartels, as one of the threats to the national security, is a priority of the modern competitive policy of the state. However, cartels in commodity markets (with the exception of collusions at auction) have a special nature, as evidenced by different attitudes to cartels in certain periods of time, the positions of some economic doctrines and modern views. Therefore, representatives of the Austrian school are in favor of abolishing the fight against cartels in principle. In various scientific sources, there are proposals to recognize at the legislative level the economic feasibility of cartel agreements in the field of R&D, innovation, in the implementation of projects aimed at modernizing and restructuring industries, the need to change the attitude to cartels, and to soften state policy in relation to such agreements. Modern antitrust policy is characterized by a strict prohibition of cartels, the conclusion of which entails criminal liability if there are all signs of a crime. Meanwhile, the study allows us to conclude that in certain circumstances, the conclusion of a cartel can be economically useful, and therefore legally justified, which should, if necessary, be given an appropriate criminal legal assessment. The Criminal Code of the Russian Federation contains the necessary tools to take into account many circumstances of an act containing signs of a crime when deciding whether to prosecute cartels.

scholarly journals Understanding Exemption from Criminal Liability through the Prism of Social Justice

2020 ◽  
pp. 320-328
Author(s):  
Valerii ROMANIUK
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
The Social ◽  
Political Economic ◽  
Revolutionary Period

In the article the author investigates features of philosophical and legal preconditions of exemption from criminal liability. The author defines that the problems of criminal liability and exemption from it is one of the central and at the same time the most complex institutions of criminal law. The author argues that the pre-revolutionary period was characterized by a significant number of circumstances that exempted from criminal liability, due to the consequences of political, economic and social transformations in the world, the rise of human will and importance, its capabilities for the state. The author emphasizes that when resorting to the term «criminal liability», the domestic legislator means, first of all, the imposition on the person who committed the crime, the burden of coercive measures of punitive content. The author argues that it is expedient to consider criminal liability in a positive sense, as the obligation of a criminally responsible entity not to commit violations of the prohibitions established by the Criminal Code. That is, criminal liability, in the first place, should serve as a warning aimed at the person who intends to commit the crime. The author argues that if a person did not have the conditions for normal life and development for social reasons, then society and the state have no right to blame him only because they initially undertook to give him such conditions. The author argues that in a state governed by the rule of law, when addressing the implementation of criminal liability, special attention is paid to the intersectoral institution of exemption from criminal liability as a compromise in restoring social justice and encouraging law-abiding behavior. The author states that the unconditional nature of exemption from criminal liability undermines the essence of the institution of criminal liability in general, as exemption from criminal liability is carried out on non-rehabilitative grounds. In this regard, the released person who has committed a crime must, in order to maintain a balance of social justice, feel in some way the influence of the state in order to realize his guilt and really take the path of correction. The author proposes to apply such restrictions to the social balance of such a person as strengthening the supervision of law enforcement agencies, restrictions on certain rights.

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.

FORMS AND METHODS OF PARTICIPATION OF PRIVATE SECURITY GUARDS AND VOLUNTARY PEOPLE'S PATROL IN RESPONSE TO ILLEGAL TRAFFICKING OF WEAPONS

2018 ◽  
pp. 78-95
Author(s):  
Denis Mikhaylovich Denisov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Negative Impact ◽  
National Guard ◽  
Criminal Code ◽  
Private Security ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Security Issues ◽  
The Russian Federation

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals ANTI-CORRUPTION IN POLICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2017 ◽  
pp. 122-128
Author(s):  
Денис Печегин ◽  
Denis Pechegin ◽  
Евгения Прохорова ◽  
Evgeniya Prohorova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
The State ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Doctrine ◽  
Effective System ◽  
The Russian Federation ◽  
The Individual

The police as a law enforcement body of a specific state was created to perform a variety of tasks in order to maintain the law and order in society, to ensure the security of the state, its citizens. In accordance with the role of the police in the legal doctrine of different countries (Germany, France, England, etc.), in due time, there were even separate schools to study this institution. The police are also one of the subjects of anti-corruption. Nevertheless, this does not mean that corruption cannot exist in the ranks of the police. Despite the general increase in confidence in the police and their employees, noted by the All-Russia centre of studying of public opinion over the last few years in the Russian Federation, today the efforts to combat corruption need to be undertaken not only outside, but also within the police departments themselves. It is obvious that corrupt law enforcement bodies are not able to perform effectively and qualitatively their tasks, and this fast poses a real threat to the state, society and the individual. Thus, the task of improving the complex of anti-corruption measures in the police bodies is becoming more urgent. The article presents a comparative legal analysis of anti-corruption in the police bodies of Russia and Germany in modern conditions. The measures of influence are defined, as well as the forms of interaction of law enforcement agencies in the fight against this negative social phenomenon. The authors come to conclusion that the effective system of anti-corruption in police facilitates not only by the system of legislative sanctions adopted in the state, but also by the qualitative implementation of the state’s social policy with regard to civil servants.

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.

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