QUALIFYING SIGNS GENERAL CHARACTERISTIC AND THEIR IMPORTANCE IN CORPUS DELICTI STRUCTURE PLANNING

2019 ◽  
pp. 66-75
Author(s):  
Mikhail Alekseyevich Avdeyev ◽  
Anastasiya Sergeyevna Shtrants
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
General Characteristic ◽  
Criminal Code ◽  
Controversial Issues ◽  
Dual Nature ◽  
The Russian Federation ◽  
The One ◽  
Objective Side

We consider qualifying signs of the crime as one of the forms of differentiation of criminal liability, reflecting the qualitative characteristics of the criminal act. Also we analyze the doctrinal approaches to the two most controversial issues of the theory of criminal law concerning the nature and content of qualifying signs: their correlation with the circumstances aggravating the punishment, as well as a constructive connection with the corpus delicti. We draw a conclusion that such qualifying signs as the criminal law category have a dual nature. On the one hand, they are comparable to the aggravating circumstances listed in article 63 of the Criminal Code of the Russian Federation, on the other hand, they are expressed in the norms of the Special part of the Criminal Code of the Russian Federation as constructive signs of corpus delicti the strengthening of the level of criminal repression in relation to the basic composition of the relevant crime. In particular it is a constructive connection with the corpus delicti expresses the most popular in the literature classification of qualifying signs of the circumstances relating to: the object and the objective side, the subject and the subjective side of corpus delicti. We propose interpretation of the concept of qualifying signs, which are indicated by the circumstances, which is a constructive element of the corpus delicti, which indicate increased relative to the basic corpus delicti of public danger of the act and the identity of the person committing the act.

scholarly journals The Object and System of Medical Criminal Law

2019 ◽  
Vol 13 (5) ◽  
pp. 816-824
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Health Workers ◽  
Criminal Liability ◽  
Research Problem ◽  
Criminal Code ◽  
Wide Sense ◽  
The Russian Federation ◽  
Objective Side

The issues of criminal liability of health workers for physically harming a patient during medical treatment were studied by many researchers of the pre-revolutionary, Soviet and post-Soviet periods. In the current century these issues turned into a large-scale research problem giving rise to an enormous number of research publications, monographs and dissertations. The idea of making pharmaceutical criminal law a sub-branch of Russian criminal law has gained momentum and become subject of some research. However, this idea seems to be too narrow at present. The separation of pharmacology from medicine has historically taken a long time, it was connected with pragmatic considerations and had, to a great extent, an artificial character. In this connection, it is possible to use clauses of Art. 41 of the RF Constitution to raise the question of singling out an autonomous group of norms within Russian criminal legislation that together would form a sub-branch of medical (in the wide sense) criminal law. The object of crimes included in this sub-branch can be determined as the constitutional right of citizens to the protection of life and health and to qualified medical help and medical services. Their objective side is characterized by a gross violation of norms and prohibitions set in law and other normative legal acts that should be strictly observed by health professionals in the workplace. The basis of Russian medical law is Part 4 of Art. 122, Art. 124 and 238.1, its supplementary elements are Parts 2 of Art. 109 and 118, as well as Art. 235, 235.1, 238, 230.1 and 230.2 of the Criminal Code of the Russian Federation. Within the framework of the current Criminal Code of the Russian Federation the norms that form medical criminal law are singled out only theoretically. However, in the new edition of the Criminal Code, that should and will inevitably be prepared, these norms should form an independent structural unit as it has been done, for example, in the Criminal Codes of Kazakhstan, Kyrgyzstan and the People’s Republic of China.

scholarly journals Appeals and inducements as characteristics of crimes influenced by media and information and telecommunication networks

2020 ◽  
Vol 2020 (1) ◽  
pp. 91-98
Author(s):  
Andrey Antipov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Competition Rules ◽  
The Media ◽  
The Russian Federation ◽  
The One ◽  
Objective Side ◽  
High Level

The urgency of the problems of combating crime committed through the media and telecommunication networks has reached a high level. The present paper gives a detail analysis of the notions of “inducement” and “appeals” made by the Supreme Court of Russia, explanatory dictionaries as well as criminal law scholars. Based on the analysis the author suggests his own definitions of “inducement” and “appeals” in the Criminal law of the Russian Federation. The author solves the problem of qualifying an act in the case of competition rules, on the one hand, providing for participation in the commission of a crime, the objective side of which, among other things, can be performed by declination and appeals and, on the other hand, independent appeals and inducement to commit a crime. Using the example of article 212 of the Criminal Code of the Russian Federation, the author solves the problem of qualification of acts in the case of competition of criminal law norms. A comparison of punishments in the main part of the article and in the part where the act is carried out using the media or information and telecommunications networks is made. There are some articles of the Criminal Code of the Russian Federation in the dispositions of which inducement and appeals do not provide implementation with the use of mass media and telecommunication networks. It is concluded that such norms need to be analyzed to establish more severe penalties for the acts influenced by media and telecommunication networks.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

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.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

scholarly journals Encroachments against the Safety of Maritime Navigation in Russian and International Criminal Law

2021 ◽  
Vol 3 (2) ◽  
pp. 172-188
Author(s):  
Marina L. Prokhorova ◽  
◽  
Anastasiya K. Knyaz’kina ◽  
Valentina N. Kufleva
Keyword(s):  
Continental Shelf ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Code ◽  
International Standards ◽  
Legal Standards ◽  
Maritime Navigation ◽  
The Russian Federation

Introduction. The necessity of criminalising acts against the safety of maritime navigation in na- tional legislation is based on the requirement to comply with the international obligations. The relevance of the research is that the implementation of such criminalisation is not always carried out in a timely and adequate manner. Тhe author’s versions of the criminal law can be used by the legislator to further improve the Criminal Code. Theoretical Basis. Methods. The methodological basis of the study was a set of both general scientific and private scientific methods of cognition. In particular these included the analysis, synthesis, comparative, formal and the legal. Special attention was paid to the international legal standards, and the regulation of criminal liability for encroachments against security sea shipping. Results. The article analyses the regulations at the national level governing the crime of acts which infringe upon the safety of navigation at sea and in the river space. This is Art. 211 “Hijacking of an aircraft or water transport or railway rolling stock” and Art. 227 “Piracy” as provided for in the Criminal Code of the Russian Federation. The article considers the provisions corresponding to these from international treaties, and investigates the problems of compliance in implementing norms of the Russian criminal law with the basic contractual provisions. At the same time, international acts are analysed in their latest and current version, taking into account all the changes and additions made to them. Discussion and Conclusion. As a result of the study, the authors come to the conclusion that it is necessary to make alterations to the national criminal legislation to bring it in line with the current international standards due to the absence of provisions in it regarding liability for crimes committed against sea vessels, as well as on board or against fixed platforms located on the continental shelf. At the same time, the authors propose specific additions to the Criminal Code of the Russian Federation. In particular, these are on the inclusion of certain signs of corpus delicti relating to the number of qualifying items, and which also indicate the need to formulate specific criminal law norms providing for liability for crimes against sea vessels, as well as on board or against fixed platforms located on the continental shelf.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals ILLEGAL TURNOVER OF OFFICIAL DOCUMENTS: CRIMINAL LEGAL ASPECT

2019 ◽  
Vol 29 (6) ◽  
pp. 892-898
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Official Document ◽  
The Russian Federation ◽  
Subjective Side ◽  
Made In

The article discusses the issues of criminal liability for encroachments on the procedure of official document circulation. The concept and features of a document and an official document as subjects of criminal law protection are analyzed in detail. Criteria are proposed for distinguishing between a document and an official document, as well as the classification of documents. Particular attention is paid to the analysis of amendments to Article 327 of the Criminal Code of the Russian Federation, made in the summer of 2019, which provide for responsibility for the falsification, production or circulation of fake documents, state awards, stamps, seals or letterheads. The article examines in detail the objective features of the elements of crimes encroaching on official documents, which include the acquisition, sale, stealing, destruction, damage, concealment, as well as forgery of official documents, the sale of fake official documents and their use. The issues of the subjective side of these crimes are considered. The article also focuses on the problems of delimiting the use of obviously fake official documents, the responsibility for which is provided for in paragraph 4 of Article 327 of the Criminal Code of the Russian Federation from crimes, where the use of fake documents acts as a means of committing a crime, such as fraud, illegal obtaining a loan, etc. Suggestions are made on the appropriateness amending a number of articles of the Criminal Code of the Russian Federation, providing for liability for encroachment on official documents.

scholarly journals CRIMINAL AND LEGAL STUDY OF CONNIVANCE IN CRIME AS A SIGN CHARACTERIZING CONFLUENCE OF SEVERAL PERSONS IN ONE CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 236-241
Author(s):  
A. A. Kashkarov ◽  
D. A. Poshtaruk
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Study ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side ◽  
Made In

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.

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