scholarly journals The Peculiarities of Obtaining a Parents Consent (Legal Representative’s) to the Departure of a Minor from the Russian Federation

2019 ◽  
Vol 16 (1) ◽  
pp. 25-28
Author(s):  
Yuliya O. Petrova ◽  
Keyword(s):  
Russian Federation ◽  
The Russian Federation ◽  
A Minor

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals Some challenges in legal regulation of the minor patients rights and freedoms

2015 ◽  
Vol 96 (6) ◽  
pp. 1054-1057
Author(s):  
G M Khamitova
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Care Delivery ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Patients Rights ◽  
National Medical ◽  
The Russian Federation ◽  
The Right ◽  
A Minor

The problem of securing and protecting the citizens rights for the medical care delivery in the existing legislation is one of the most relevant in the modern Russian law. In domestic legislation the right to health and medical care is primarily enshrined in the Constitution of the Russian Federation. For example, the article 41 establishes the right to get free medical care in accordance with the state guarantees program of free medical care delivery to citizens, and to receive paid medical and other services. However, there are some peculiarities and problems of these rights implementation in minor patients. This article is devoted to the analysis of this problem certain aspects. In particular, it raises questions on the patient’s right to get information about his/her health status, enshrined in the Fundamentals (article 19) and the Law of the Russian Federation «On Protection of Consumers’ Rights of 07.02.1992». Quite controversial is the situation when the legal representatives of a minor under the age of 15 years strongly refuse medical intervention and hospital insists on it. Considering the features of the right ofminors to confidentiality, it should be noted that providing the information constituting patient’s confidentiality to legal representatives is not stipulated by the national medical legislation standards in case of minors over 15 years old. However, it should be taken into account that in case of harm infliction to a minor or unlawful interference with the minor’s health, the latters not having full legal capacity, are not able to protect themselves. Also in the current legislation in the field of donation and transplantation the problem of the minors lifetime donation regulation remains unsolved. In summary, it should be noted that, despite the relative development of the legislation on the minor patients rights, in reality unusual situations that create psychological, moral and ethical problems for doctors occur quite often.

scholarly journals Taking into Account Personality Characteristics of Juvenile Convicts in the Organization of Complex Resocialization Work

2020 ◽  
Vol 6 ◽  
pp. 22-24
Author(s):  
Svetlana V. Kulakova ◽  
Keyword(s):  
Theoretical Analysis ◽  
Empirical Study ◽  
Russian Federation ◽  
Personal Characteristics ◽  
Personality Characteristics ◽  
Current State ◽  
The Russian Federation ◽  
The Individual ◽  
A Minor ◽  
Personal Portrait

The article presents the main results of empirical and theoretical analysis of the current state and General problems of re-socialization of juvenile convicts serving sentences in educational colonies of the Federal penitentiary service. The purpose of this article is to study and analyze the individual and personal characteristics of minors who are serving sentences in places of deprivation of liberty. The tasks are theoretical and empirical study of the main problems of resocialization of this category of convicts. The dynamics of changes in the share of minors convicted in 2016-2019 relative to the total number of minors in the Russian Federation is presented. The individual and personal portrait of a minor serving a sentence in prison has been determined. Criminological and individual-personal characteristics of juvenile convicts and the main recommendations for the organization of a comprehensive program of their re-socialization are presented.

ON THE CONTENT OF THE SUBJECTIVE SIDE OF BRINGING A MINOR TO SUICIDE

2021 ◽  
pp. 54-56
Author(s):  
Анна Николаевна СТАРЖИНСКАЯ
Keyword(s):  
Russian Federation ◽  
The Russian Federation ◽  
A Minor ◽  
Subjective Side

В статье рассматривается статистика совершенных в Российской Федерации суицидов, а также проблемы квалификации преступлений, связанных с доведением до самоубийства. The article discusses the statistics of suicides committed in the Russian Federation, as well as the problems of qualifying crimes associated with incitement to suicide.

scholarly journals Application of Video Recording of the Interrogation of Minors Suspected (Defended)

2020 ◽  
Vol 4 (91) ◽  
pp. 83-87
Author(s):  
A.S. Vigulyar ◽  
◽  
V.V. Kolominov ◽  
I.A. Kopylov ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Video Recording ◽  
Criminal Procedure ◽  
Case File ◽  
Video Footage ◽  
Technical Errors ◽  
Mandatory Requirement ◽  
The Russian Federation ◽  
A Minor ◽  
Mandatory Use

The peculiarities of the organization of the use of video shooting during the interrogation of underage suspects (accused) are considered. Problems that arise in practice when using technical means when conducting investigative actions with the participation of minors are highlighted: lack of skills in handling technical means, insufficient number of technical means themselves, emotional stress when conducting video shooting, fear of making technical errors. The text of the Code of Criminal Procedure of the Russian Federation is subject to special analysis in relation to the use of technical means in conducting investigative actions. The feasibility of introducing the mandatory use of video footage during the interrogation of underage suspects (accused) is justified, as well as the addition of Art. 425 of the Code of Criminal Procedure of the Russian Federation part 7 with the mandatory requirement to use video recording during the interrogation with the participation of a minor suspect (accused). Practical recommendations are made on the preparation for the interrogation of juvenile suspects (accused), the tactics of using technical means of video recording, as well as the recording and storage of evidence in the criminal case file.

scholarly journals CRIMINAL AND LEGAL PROTECTION OF PRIVATE LIFE

2019 ◽  
Vol 29 (4) ◽  
pp. 538-544
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Criminal Code ◽  
Private Life ◽  
Telecommunication Networks ◽  
Public Speech ◽  
Family Secret ◽  
The Russian Federation ◽  
Objective Side ◽  
A Minor

The article deals with the issues of qualifying a crime under Article 137 of the Criminal Code of the Russian Federation "Violation of the privacy of a person." Particular attention is paid to the problem of defining the concepts of “private life of a person”, “personal secret”, “family secret” as subjects of criminal law protection. The objective and subjective signs of the composition of the violation of the privacy of persons are analyzed, as well as the issues of excluding individuals from the list of subjects for a given offense. The author proposes to make changes to Article 137 of the Criminal Code of the Russian Federation concerning the subject of the crime and the classification of a number of signs of the objective side as qualified. Signs of a crime under part 3 of Article 137 of the Criminal Code of the Russian Federation are analyzed in sufficient detail: responsibility for illegal dissemination in a public speech, publicly demonstrated work, media or information and telecommunication networks of information indicating the identity of a minor victim who has not reached the age of sixteen years old in a criminal case or information containing a description of physical or moral suffering received by him in connection with a crime, entailing harm to the health of a minor, or a mental disorder of a minor, or other serious consequences.

scholarly journals Victimological characteristics of modern hooliganism (based on the materials of the Siberian federal district)

2021 ◽  
Vol 3 ◽  
pp. 48-53
Author(s):  
A.L. Repetskaya ◽  
◽  
A.S. Rybakova ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Psychological Characteristics ◽  
Siberian Federal District ◽  
Dominant Type ◽  
Low Level ◽  
The Russian Federation ◽  
Rate Of Decline ◽  
A Minor

The article presents an analysis of the victimological aspects of hooliganism committed in the Siberian Federal District for the period from 2015-2020. Among the results of the study, there is a low level of victimization from hooliganism in the SFO, while the rate of decline in this level is higher than in the Russian Federation. The characteristic of the personality of the victim of hooliganism is given. It was revealed that a typical victim of hooliganism is a relatively young man who is not married, who is in a state of intoxication at the time of the crime. Its moral and psychological characteristics allow us to speak about such a dominant type of victimization as victimogenic deformation of the personality. Despite the fact that the vast majority of victims were not familiar with the criminal, every fourth had some kind of connection with him, the main share of which is friendly and neighborly. Among the types of contributing behavior in a situation of committing hooliganism, the imprudent behavior of the victim is distinguished, as a rule, giving a minor reason for the decision to commit a crime. The consequences of hooliganism for the victim are mainly associated with causing him moral harm, property harm was caused in every fifth case studied; physical harm is not widespread (6%). The main victimogenic factors determining victimization from hooliganism are analyzed. About the Authors

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