To the question of the principle of justice when criminalizing acts associated with illegal production and trafficking of especially valuable wild animals and aquatic biological resources belonging to the species listed in the Red List of the Russian Federation and (or) protected by international treaties of the Russian Federation (article 258.1 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 2 (6) ◽  
pp. 40-54
Author(s):  
Marina Alekseevna Mutasova ◽  
◽  
Vladimir Gennadevich Kokorev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Red List ◽  
Wild Animals ◽  
International Treaties ◽  
Biological Resources ◽  
Principle Of Justice ◽  
The Russian Federation

scholarly journals The subject of the crime under article 258¹ of the Criminal code of the Russian Federation

2021 ◽  
pp. 186-191
Author(s):  
Farhat Mukhambetov
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Wild Animals ◽  
International Treaties ◽  
Biological Resources ◽  
The Subject ◽  
The Russian Federation ◽  
Made In

An attempt is made in this work to reveal the content of the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation “Illegal extraction and circulation of especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation”. The necessity of division of art. 258¹ of the Criminal code of the Russian Federation into two articles, separately providing for liability for illegal production and trafficking of especially valuable wild animals and illegal extraction of especially valuable aquatic biological resources. The differences in the subject of the crime under art. 256 of the Criminal code of the Russian Federation, from the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation. The necessity of a substantial expansion of the List of especially valuable especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation for the purposes of articles 2261 and 258¹ of the Criminal code of the Russian Federation due to inclusion in him of all representatives of the Red Book of the Russian Federation.

ILLEGAL EXTRACTION AND CIRCULATION OF ESPECIALLY VALUABLE WILD ANIMALS AND AQUATIC BIOLOGICAL RESOURCES: ISSUES OF PENALIZATION

2020 ◽  
Author(s):  
I. M. Antonov
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Wild Animals ◽  
Biological Resources ◽  
The Russian Federation

The paper deals with certain issues of legislative (legal) penalization of illegal extraction and circulation of especially valuable wild animals and aquatic biological resources. The sanctions established by art. 2581 of the Criminal Code of the Russian Federation. The author comes to the conclusion that the penalization of these crimes was carried out suboptimally, and the design of the sanctions provided for their commission requires improvement

Effect of the Criminal Law on Military Personnel Who Committed Crimes outside the Russian Federation

2020 ◽  
Vol 11 ◽  
pp. 105-112
Author(s):  
I. А. Kazarinov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Military Personnel ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Treaties ◽  
Literary Sources ◽  
The Russian Federation ◽  
The Military ◽  
Military Units

The effect of the Criminal Code of the Russian Federation on military units stationed outside the Russian Federation is regulated by part 2 of article 12 of the Criminal Code, the interpretation and application of which causes a number of significant theoretical and applied problems. Based on the analysis of normative acts, international treaties and literary sources the article reveals the model of international legal regulation of responsibility of Russian soldiers; the reis a motion on the harmonization of the international norms which define the conditions of criminal jurisdiction of the Russian Federation in the military; certain private issues ofa pplication of the Criminal Code of the Russian Federation in a situation when a military person commits a crime outside the Russian Federation are resolved.

Distinctive Features of the Object of Smuggling of Strategically Important Goods and Resources

2021 ◽  
pp. 225-230
Author(s):  
Vladislava K. Zaigraeva ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Public Security ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Union

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.

scholarly journals Fighting the smuggling of strategically important resources for environmental safety ensuring

2021 ◽  
Vol 258 ◽  
pp. 05019
Author(s):  
Vladislava Zaigraeva
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Environmental Safety ◽  
Criminal Code ◽  
International Treaties ◽  
Legal Norms ◽  
Biological Resources ◽  
Rare And Endangered Species ◽  
Rare And Endangered ◽  
Criminal Legislation

The international illegal trade of rare flora and fauna objects has long been an acute international issue. At the same time, a significant volume of smuggled rare species of animals and plants falls on Russian Federation. In order to counter criminal encroachments against rare and endangered species of animals and aquatic biological resources, amendments were made to the Russian criminal legislation, including Article 226.1. of Criminal Code of Russian Federation, in accordance with which criminal liability is established for the smuggling of especially valuable wild animals and aquatic biological resources listed in the Red Book of Russian Federation and (or) protected by international treaties of Russian Federation. At the same time, the imperfection of legal norms governing liability for smuggling significantly reduces the level of their protection. These circumstances require constant improvement of measures to counter smuggling, including criminal law improvement.

scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

Public danger of crimes relapse

2020 ◽  
pp. 111-121
Author(s):  
Sergey Kartashov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The Public ◽  
Special Part ◽  
Principle Of Justice ◽  
General Part ◽  
The Russian Federation ◽  
First Time

We point out that the danger is not the relapse of the crime, but the identity of the criminal, since the punishment for the person who committed the crime for the first time and the criminal who committed the crime again must be different, otherwise it would be contrary to the provision of the Criminal Code of the Russian Federation “Principle of justice”, which requires taking into account the degree of committed socially dangerous crime and the identity of the perpetrator. It is reflected that since 2012 there has been a revival of “special relapse” in some corpus delicti (Articles 131, 264.1, etc.). In addition, we clarify that, in a certain sense, relapse can also include corpus delicti with administrative prejudice, but their reflection in the Special Part of the Criminal Code of the Russian Federation contradicts the concept of crime (Article 14 of the Criminal Code of the Russian Federation), but directly on administrative prejudice in the General Part of the Criminal Code of the Russian Federation domestic legislator did not mention anything. We note that in the current legislation it is necessary to return to the use of the term “relapsed criminal”, since it is precisely the number and categories of crimes that indicate the public danger of the identity of the perpetrator. We also denote that the relapse of crimes does not increase the degree of public danger of a particular crime, but testifies to the public danger of the identity of the perpetrator committing a certain act prohibited by criminal law.

scholarly journals DIFFERENTIATION OF RESPONSIBILITY AS AN EXPRESSION OF THE PRINCIPLE OF JUSTICE

2019 ◽  
Vol 8 (7) ◽  
Author(s):  
Alexandra Yu. Bokovnya ◽  
Fedor R. Sundurov
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Principle Of Justice ◽  
The Russian Federation

The proposed article studies the differentiation of criminal responsibility from the standpoint of implementing the principle of justice. The authors point out, along with positive decisions of the legislator, to the imperfection of the regulation in the Criminal Code of the Russian Federation of differentiation of criminal responsibility from the standpoint of the principle of justice.

scholarly journals The Development and State of Criminal Legislation on Responsibility for Smuggling Strategically Important Goods and Resources

Lex Russica ◽  
2021 ◽  
pp. 77-91
Author(s):  
T. D. Ustinova ◽  
A. S. Rubtsova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Customs Union ◽  
Biological Resources ◽  
Rare And Endangered ◽  
The Russian Federation ◽  
The Cost ◽  
Criminal Legislation

The paper is devoted to monitoring the development in the Russian criminal legislation of responsibility for the illegal movement of strategically important goods and resources across the customs border of the Customs Union within the EurAsEC or the State border of the Russian Federation. At the same time, the author argues the correctness of the indication in the disposition of Art. 226.1 of the Criminal Code of the Russian Federation a State Border as a place of commission of the crime under consideration. The author provides a detailed list of strategically important goods and resources, since the establishment of the subject matter of a crime makes it possible to qualify the offense and differntiate criminal smuggling from smuggling the responsibility for which is envisaged only in administrative legislation. The author substantiates the statement according to which this type of smuggling infringes not on public safety, but on relations in the field of economic activity. Therefore, a proposal is made to return the criminal law rule to Ch. 22 of the Criminal Code of the Russian Federation. At the same time, it is proposed to establish criminal liability for smuggling flora and fauna items classified as strategically important goods and resources in a separate article in the Chapter entitled "Environmental Crimes" with due regard to the social danger of this act. The liability should not be related to the value of the goods and resources being moved. Taking into account only the cost of biological resources in their protection under criminal law does not reflect the real social danger of these acts. The need for the protection of biological resources using criminal law instruments is caused not only and not so much by economic preconditions but by the need to preserve rare and endangered representatives of flora and fauna for future generations—the most important components of the ecosystem of the entire planet. The author draws conclusions largely aimed at observing the systematic nature of the criminal law due to the peculiarities of the object of the offence.

scholarly journals PROBLEMS OF APPLYING OBJECTIVE SIGNS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 242 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 31 (6) ◽  
pp. 1122-1130
Author(s):  
V.V. Rovneyko ◽  
A.V. Kayshev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
International Treaties ◽  
Actus Reus ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Problematic Situations

The article comments on the criminal legislation of Russia, which provides for liability for the illegal production and trafficking of pornographic materials or objects and the practice of its application. Recently, illegal production and trafficking of pornographic materials and objects (Obscene Publications), as a type of criminal activity, have acquired a qualitatively new look. It can be explained by the trend towards an annual increase in registered IT crimes (committed using information and telecommunications networks (including Internet)). The use of such means significantly complicates law enforcement, primarily in connection with the criminal legal assessment and qualification of such acts. In article there are analyzes the objective features (actus reus) of the corpus delicti that determines the basis of criminal liability for the illegal production and trafficking of pornographic materials or objects. One of the problematic situations, according to the authors, is considered, related to the practice of applying Article 242 of the Criminal Code of the Russian Federation. The authors' conclusions are based on the analysis of the provisions of the current criminal legislation of the Russian Federation and the practice of its application. The rules of international treaties were considered, as well as the practice of applying the rules of civil and administrative law, including those related to the concepts of “publicity” and “indefinite range of persons”, were considered.

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